On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Frequency Elecs., Inc. v Bloch, 2020 NY Slip Op. 51036(U), holding that consent to jurisdiction in New York state does not mean consent to venue in any county in New York state, explaining: CPLR §7502(a) governs venue of... Read more »
Blogs
Posts Categorized: Venue
Forum Selection Clause in Personal Services Contract Not Enforceable
On July 15, 2020, Justice Masley of the New York County Commercial Division issued a decision in Setter Capital, Inc. v. Chateauvert, 2020 NY Slip Op. 20199, holding that a forum selection clause in a personal services contract was not enforceable, explaining: As a threshold issue, there is a question as to whether this court... Read more »
Court Denies Motion to Change Venue
On September 18, 2018, Justice Masley of the New York County Commercial Division issued a decision in Faustino v. Amin, 2018 NY Slip Op. 32347(U), denying a motion to change venue, explaining: Under CPLR 503(a), venue is proper in either the county in which one of the parties resided when it was commenced; the county in... Read more »
Court Should Have Transferred Case; Plaintiff Failed to Show That Chosen Venue Was Proper
On June 27, 2018, the Second Department issued a decision in Patiwana v. Shah, 2018 NY Slip Op. 04746, holding that the Supreme Court should have transferred a case because the plaintiffs failed to show that their chosen venue was proper, explaining: CPLR 503(a) provides, in pertinent part, except where otherwise prescribed by law, the... Read more »
Judge Bianco Dismisses Action For Improper Venue Based On Forum Selection Clause That designated “The Courts Of The State Of New York” As Venue
Posted by Solomon N. Klein, Litigation Partner A recent decision by District Judge Joseph F. Bianco offers a reminder that the right to exercise federal jurisdiction can be contractually waived in a forum selection clause. (Wiest Int’l, GMBH v. Zobel, 17-CV-6722 (E.D.N.Y Feb. 6, 2018) (JFB) (GRB)). Forum selection clauses – typically not the focus... Read more »
Judge Block Denies Motion to Change Venue from the EDNY to the SDNY in lawsuit by former Rikers Island Inmate
Posted by Solomon N. Klein, Litigation Partner In a January 4, 2018 ruling, Judge Frederic Block denied the City of New York’s motion for a change of venue from the EDNY to the SDNY. (Kennedy v. City of New York, et al., 17-CR-5042 (E.D.N.Y. Jan. 4, 2018) (FB)(VMS)). Not surprisingly, the court rejected the City’s... Read more »
Action Brought in Improper Venue Transferred to Proper Venue
On November 6, 2017, Justice Platkin of the Albany County Commercial Division issued a decision in Belair Care Ctr., Inc. v. Cool Insuring Agency, Inc., 2017 NY Slip Op. 51941(U), transferring an action brought in an improper venue, explaining: With respect to a domestic corporation or a foreign corporation authorized to conduct business in New... Read more »
Court Refuses to Dismiss New York Action in Favor of Later-Filed California Action
On July 21, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in Wantickets RDM, LLC v. Eventbrite, Inc., 2017 NY Slip Op. 31548(U), refusing to dismiss a New York action in favor of a later-filed California action, explaining: Eventbrite’s contention that Wantickets’ claims should be litigated in California is uncompelling.... Read more »
Foreign Entity’s Designation of Location With Secretary of State Controls for Venue Purposes
On December 21, 2016, Justice Ash of the Kings County Commercial Division issued a decision in Simshabs Capital Partners, Ltd. v. Ellis, 2016 NY Slip Op. 32609(U), declining to transfer an action for improper forum, explaining: With respect to Ellis’s motion to change venue to Albany County, the motion is denied. A foreign corporation’s designation... Read more »
That Non-Party Witness is a Commercial Division Judge Does Not Justify Change of Venue
On December 22, 2016, the First Department issued a decision in United States Fidelity & Guaranty Co. v. American Re-Insurance Co., 2016 NY Slip Op. 08609, holding that the fact that a proposed non-party witness was a New York County Commercial Division justice did not warrant a change of venue to another county, explaining: In... Read more »
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