Benjamin Applestein, Plaintiff v. United Board & Carton Corporation, a New Jersey Corporation, Defendants…

Summary

The Supreme Court of New Jersey held that the Chancery Division's judgment was a partial summary judgment that did not terminate the underlying action, that the pending New Jersey litigation encompasses the New York derivative suit, and that the court therefore has authority to issue an anti‑suit injunction enjoining the plaintiff from proceeding in New York. The lower court's denial of the injunction was reversed and the case remanded with instructions to enjoin the New York action and allow the plaintiff to amend her complaint in New Jersey.