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
