On January 8, 2026, Justice Bannon of the New York County Commercial Division issued a decision in Parrish v. Marsh & McLennan Cos., Inc., 2026 NY Slip Op. 30045(U), holding that the assertion that an action was filed in New York instead of other jurisdictions to gain a tactical advantage is an insufficient basis to dismiss and action, explaining:
To the extent that the defendants seek dismissal, or in the alternative, a stay of this action pursuant to CPLR 3211(a)(4), upon a prior action pending, the application is denied. The defendants concede that they initiated the Southern District of New York and Delaware Court of Chancery actions on July 29, 2025, and August 1, 2025, respectively, after this instant action was initiated by the plaintiffs. Under the first-in-rule, the court which has first taken jurisdiction is the one in which the matter should be determined and it is a violation of the rules of comity to interfere. The defendants merely assert an unpersuasive argument that the plaintiffs initiated this action first to gain a tactical advantage or to seek a more favorable forum for litigation.
(Internal citations omitted).