McElroy v Schornstein, C.A. 7233-CS (June 6, 2012)
It is often said that the Court of Chancery will not stay or dismiss an action filed under one of the statutory provisions for summary adjudication of a claim, such as to decide a proxy contest, because there is prior litigation filed elsewhere. That is generally true, but not always and this decision involves 1 of the rare exceptions. Here the plaintiff sought a decree of dissolution by his complaint filed several months after a similar claim was filed by the other side in New Jersey. Noting that any decision by it would impact a preliminary ruling by the New Jersey court, the Court of Chancery dismissed its case to avoid such a conflict.