De Angelis v. Manhattan Leasing, No. Cv93 30 09 86 S (Jun. 21, 1993)
Opinion of the Court
On January 4, 1993, an appearance was filed for Manhattan. On February 24, 1993, Manhattan filed a Motion to Dismiss, and supporting memorandum, which asserted three grounds for dismissal: (1) the court lacks jurisdiction based on the forum selection clause contained in each lease agreement; (2) there is a prior pending action in New York State concerning the first lease; and (3) it had obtained a default judgment in New York State against DeAngelis and Park Avenue in an action concerning the second lease. The plaintiffs filed a memorandum in opposition to the Motion to Dismiss on March 12, 1993.
Manhattan first argues that the present action should be dismissed based on the forum selection clause contained in the parties' lease agreements. These lease agreements provide as follows:
This lease shall be interpreted in accordance with the laws of the State of New York . . . Lessee and any guarantor hereof consent to the jurisdiction of any state or federal court located within the State of New York and agree that all actions . . . CT Page 6093 arising . . . from this lease shall be litigated only in courts having such situs . . . .
(Exhibits A B to Motion to Dismiss)
"The invocation of a forum selection clause . . . is really an argument that personal jurisdiction should not be exercised." (Citations omitted.) Emlee Equipment Leasing Corp. v. Waterbury Transmission, Inc.,
However, a "claim of improper forum must be made within the time limits established by Practice Book 142." Emlee Leasing Corp. v. Waterbury Transmission, Inc.,
Manhattan next asserts that this case should be dismissed because an action involving the same parties and the same issues as alleged in Counts I and II is presently pending in the Supreme Court of the State of New York. Although the prior pending action doctrine does not truly implicate the court's subject matter jurisdiction, it may be raised by way of a motion to dismiss. The doctrine formerly could be raised by way of a "plea in abatement." The plea in abatement has been replaced by the motion to dismiss and is the "proper device" to raise the prior pending action doctrine. Halpern v. Board of Education,
On January 27, 1992, Manhattan commenced an action in the Supreme Court of the State of New York (Manhattan Leasing Group, CT Page 6094 Inc. v. Reservoir Auto Mart, Inc. and Lawrence DeAngelis, Index #3260/92) based on allegations that Reservoir and DeAngelis breached the parties' first lease agreement (See verified complaint, attached as Exhibit C to Manhattan's Motion to Dismiss.). Manhattan's vice president attests that this action is presently pending in the New York trial court. (Affidavit of Larry Altman in support of Manhattan's Motion to Dismiss, at paragraph 6.). DeAngelis has filed an answer and thirteen affirmative defenses in the New York action (See Exhibit D to Manhattan's Motion to Dismiss.).
For the prior pending action doctrine to be invoked properly, both actions must be pending in the same state and they must involve the same parties and the same issues. Halpern v. Board of Education,
The present case does not meet any of the requirements of the prior pending action doctrine which is "not a rule of unbending rigor, nor of universal application, nor a principle of absolute law [but] rather a rule of justice and equity. . . ." Id. at 494, cited (with approval) in Halpern v. Board of Education,
Finally, Manhattan relies on a default judgment obtained against Park Avenue and DeAngelis in New York in the District Court of the County of Nassau, First District, Hempstead-Civil, after they failed to appear and answer (See Exhibit E to Motion to Dismiss) to assert a lack of jurisdiction over Counts III and CT Page 6095 IV which concern the second lease agreement. The existence of such a judgment, to the extent it may be entitled to full faith and credit, see Seaboard Surety Co. v. Waterbury,
Accordingly, for the foregoing reasons, the defendant's motion to dismiss is denied.
LINDA K. LAGER, JUDGE
Case-law data current through December 31, 2025. Source: CourtListener bulk data.