Category: 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

On April 18, 2023, the First Department issued a decision in Travelers Cas. & Sur. Co. v. Vale Can. Ltd., 2023 NY Slip Op. 01976, holding that New York was not an inconvenient forum even though most events relevant to an action took place outside the US . . .: Continue reading New York Not an Inconvenient Forum Even Though Most Events Took Place Outside the US

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 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