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

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
Commercial Case Notes / Venue

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

Party to Agreement May Be Held Liable for Filing in Forum Other Than One Mandated by Forum Selection Clause
Commercial Case Notes / Venue

Party to Agreement May Be Held Liable for Filing in Forum Other Than One Mandated by Forum Selection Clause

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

Contract Clause Submitting to a Court’s Jurisdiction is not a Forum Selection Clause
Commercial Case Notes / Personal Jurisdiction / Venue

Contract Clause Submitting to a Court’s Jurisdiction is not a Forum Selection Clause

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