On November 4, 2022, Justice Cohen of the New York County Commercial Division issued a decision in SAMCOM 48 (DE) LLC v. Ke Huang Shi, 2022 NY Slip Op. 33760(U), holding that a court cannot sua sponte dismiss an action based on improper venue . . . Continue reading Court Cannot Sua Sponte Dismiss an Action Based on Improper Venue
On September 26, 2022, Justice Reed of the New York County Commercial Division issued a decision in Ahlin v. Lehr, 2022 NY Slip Op. 50900(U), holding that venue cannot be based on the location of a party that was not a party when a lawsuit was commenced . . . Continue reading Venue Cannot Be Based on Location of a Party That Was Not A Party When Lawsuit Was Commenced
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
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
On May 10, 2022, the First Department issued a decision in Wormser Corp. v. L’Oréal USA, Inc., 2022 NY Slip Op. 03093, holding that a party to an agreement may be held liable for filing an action in a forum other that the one mandated by a forum selection clause . . . Continue reading Party to Agreement May Be Held Liable for Filing in Forum Other Than One Mandated by Forum Selection Clause
On March 10, 2022, the First Department issued a decision in Wormwood Capital LLC v. Mulleady, 2022 NY Slip Op. 01526, holding that defendants had failed to meet the burden necessary to justify a forum non conveniens dismissal. Continue reading Defendants Fail to Meet Burden on Forum Non Conveniens Motion
On October 21, 2021, the First Department issued a decision in Express Trade Capital, Inc. v. Horowitz, 2021 NY Slip Op. 05773, holding that a forum selection clause barred a forum non conveniens motion . . . Continue reading Forum Selection Clause Barred Forum Non Conveniens Motion
On July 26, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Meritage Hospitality Group, Inc. v. North Am. Elite Ins. Co., 2021 NY Slip Op. 50700(U), holding that a contract clause submitting to the jurisdiction of the New York courts was not an agreement to venue in any of those courts . . . Continue reading Contract Clause Submitting to a Court’s Jurisdiction is not a Forum Selection Clause
