Inconvenience of Counsel Does Not Overcome Choice of Venue Clause and Plaintiff’s Choice of Venue

Inconvenience of Counsel Does Not Overcome Choice of Venue Clause and Plaintiff’s Choice of Venue

On July 13, 2023, Justice Odorisi of the Ontario County Commercial Division issued a decision in Kalamata Capital Group, LLC v. Crito Logistics, LLC, 2023 NY Slip Op. 32348(U), holding that inconvenience of counsel is insufficient to overcome a choice of venue clause and the plaintiff’s choice of venue . . . Continue reading Inconvenience of Counsel Does Not Overcome Choice of Venue Clause and Plaintiff’s Choice of Venue

Indemnification Provision Must be Unmistakably Clear Before it Authorizes Award of Attorneys’ Fees in Suit Between Parties

Indemnification Provision Must be Unmistakably Clear Before it Authorizes Award of Attorneys’ Fees in Suit Between Parties

On July 12, 2023, Justice Masley of the New York County Commercial Division issued a decision in Five Towns Pediatrics, P.C. v. Billet, Feit & Preis, P.C., 2023 NY Slip Op. 32328(U), holding that an indemnification provision must be unmistakably clear before it can be found to authorize an award of attorneys’ fees in a suit between contracting parties . . . Continue reading Indemnification Provision Must be Unmistakably Clear Before it Authorizes Award of Attorneys’ Fees in Suit Between Parties