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 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
