Category: Choice of Forum/Forum Non Conveniens

On March 26, 2024, the First Department issued a decision in Barzilai v. Israel Museum, 2024 NY Slip Op. 01669, holding that potential statute of limitations issues in a foreign jurisdiction was an insufficient basis for a forum non conveniens motion . . . Continue reading Potential Statute of Limitations Issues in Foreign Jurisdiction Insufficient Basis for Forum Non Conveniens Motion

On January 12, 2024, Justice Chan of the New York County Commercial Division issued a decision in LVH Global, Inc. v. Benesh, 2024 NY Slip Op. 30169(U), holding that GOL §§ 5-1401 and 5-1402 do not bar enforcement of a forum selection clause . . . Continue reading GOL §§ 5-1401 and 5-1402 Do Not Bar Enforcement of Forum Selection Clause

On September 12, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Mancini Earth & Pipe LLC v. Seamless Capital Group, LLC, 2023 NY Slip Op. 33250(U), holding that a non-mutual forum selection clause did not create jurisdiction over a defendant in New York . . . Continue reading Non-Mutual Forum Selection Clause Did Not Create Jurisdiction over Defendant in New York

On April 11, 2023, the First Department issued a decision in Cortland St. Recovery Corp. v. Bonderman, 2023 NY Slip Op. 01862, holding that New York was not an inconvenient forum even though most of the events at issue took place overseas . . . Continue reading New York Not an Inconvenient Forum Even Though Most Events Took Place Overseas