That Defendants Played a Role in Transaction Insufficient, Without More, to Bind Them to Forum Selection Clause of Agreement They Did Not Sign

That Defendants Played a Role in Transaction Insufficient, Without More, to Bind Them to Forum Selection Clause of Agreement They Did Not Sign

On March 19, 2025, Justice Chan of the New York County Commercial Division issued a decision in Talipot ESG Invs. LLC v. Bulltick Fin. Advisory Servs. LLC, 2025 NY Slip Op. 50349(U), holding that the fact that defendants played a role in a transaction was insufficient, without more to bind them to the forum selection clause of an agreement they did not sign . . . Continue reading That Defendants Played a Role in Transaction Insufficient, Without More, to Bind Them to Forum Selection Clause of Agreement They Did Not Sign

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

Motion to Change Venue Pursuant to CPLR 510(3) Must Be Based on Convenience of Non-Party Witnesses

Motion to Change Venue Pursuant to CPLR 510(3) Must Be Based on Convenience of Non-Party Witnesses

On June 16, 2022, Justice Ostrager of the New York County Commercial Division issued a decision in One Edgewater Equities LLC v. Law Firm of Hall & Hall LLP, 2022 NY Slip Op. 31919(U), holding that a motion to change venue pursuant to CPLR 510(3) must be based on the convenience of non-party witnesses . . . Continue reading Motion to Change Venue Pursuant to CPLR 510(3) Must Be Based on Convenience of Non-Party Witnesses

Absent Special Circumstances, Actions Should be Consolidated in the Venue of the First-Filed Action

Absent Special Circumstances, Actions Should be Consolidated in the Venue of the First-Filed Action

On June 23, 2022, Justice Chan of the New York County Commercial Division issued a decision in Pappas v. Kefalas, 2022 NY Slip Op. 31979(U), holding that absent special circumstances, two actions should be consolidated in the venue of the first-filed action . . . Continue reading Absent Special Circumstances, Actions Should be Consolidated in the Venue of the First-Filed Action