On May 7, 2026, Justice Gomez of the Bronx County Commercial Division issued a decision in J&A Concrete Corp. v. Everest Reins. Co., 2026 NY Slip Op. 26068, holding that a plaintiff was bound by the forum selection clause in the contract on which the plaintiff sued . . . Continue reading Plaintiff Bound by Forum Selection Clause
On May 6, 2026, the Second Department Westchester Fitness, LLC v. Retrofitness, LLC, 2026 NY Slip Op. 02870, holding that a plaintiff had failed to meet the heavy burden for escaping the mandate of a forum selection clause . . . Continue reading Plaintiff Fails to Meet Heavy Burden of Escaping Mandate of Forum Selection Clause
On March 12, 2026, the First Department issued a decision in DKC Group Holdings, LLC v. Reece, Inc., 2026 NY Slip Op. 01442, holding that a forum selection clause did not create jurisdiction over a claim for aiding and abetting a breach of fiduciary duty . . . Continue reading Forum Selection Clause Did Not Create Jurisdiction Over Aiding and Abetting Breach of Fiduciary Duty Claim
On November 18, 2025, the First Department issued a decision in Lash v. TDR Capital LLP, 2025 NY Slip Op. 06282, dismissing an action on forum non conveniens grounds because of sparse New York connections . . . Continue reading Action Dismissed on Forum Non Conveniens Grounds Where New York Connection Sparse
On July 31, 2025, Justice Borrok of the New York County Commercial Division issued a decision in Cyberbit, Inc. v. Cloud Range Cyber, LLC, 2025 NY Slip Op. 33078(U), holding that a person who was not a party to an agreement was nonetheless bound by its forum selection clause because of his close relationship to the transaction . . . Continue reading Parties That Did Not Sign Agreement Bound by Forum Selection Clause Because of Close Relationship to Transaction
On July 28, 2025, Justice Chan of the New York County Commercial Division issued a decision in EMC Presents Delphi LLC v. Delphi Studios LLC, 2025 NY Slip Op. 33050(U), holding that a non-signatory was bound by an agreement’s forum selection clause . . . Continue reading Non-Signatory Bound by Agreement’s Forum Selection Clause
On June 3, 2025, the First Department issued a decision in Zhakiyanov v. Ogai, 2025 NY Slip Op. 03294, affirming the dismissal of a suit on forum non conveniens grounds when the main parties on both sides were foreign residents . . . Continue reading Suit Where the Main Parties on Both Sides are Foreign Residents Dismissed on Forum Non Conveniens Grounds
On May 20, 2025, the Court of Appeals issued a decision in Haussmann v. Baumann, 2025 NY Slip Op. 03009, holding that just because one of several plaintiffs was a New York resident did not bar a forum non conveniens motion . . . Continue reading That One of Multiple Plaintiffs is a New York Resident Does Not Bar a Forum Non Conveniens Motion
On July 23, 2024, Justice Masley of the New York County Commercial Division issued a decision in Feld v. Viceroy Devices Corp., 2024 NY Slip Op. 32583(U), holding that a defendant waived the right to rely on a forum selection clause by participating in an action . . . Continue reading Defendant Waived Right to Rely on Forum Selection Clause By Participating in Action
On July 12, 2024, Justice Chan of the New York County Commercial Division issued a decision in BG Atl., Inc. v. Hay Hill Invs. Ltd., 2024 NY Slip Op. 32438(U), holding rejecting a narrow interpretation of a forum selection clause . . . Continue reading Court Rejects Narrow Reading of Forum Selection Clause
