Blogs

Posts Categorized: Venue

Posted: July 2, 2018

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 »

Posted: February 20, 2018

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 »

Posted: July 28, 2017

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 »

Posted: January 15, 2017

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 »

Posted: December 29, 2015

Court Erred in Refusing to Grant Change of Venue

On December 23, 2015, the Second Department issued a decision in Carlton Group, Ltd. v. Property Markets Group, Inc., 2015 NY Slip Op. 09423, ordering an action transferred because it was brought in an improper venue, explaining: Pursuant to CPLR 503(a), the venue of an action is properly placed in the county in which any… Read more »

Posted: July 7, 2015

Contractual Venue-Selection Clause Trumps Requirement of CPLR 507 That An Action Concerning Title to Real Property Be Brought In the County Where the Property is Located

On June 8, 2015, Justice Sherwood of the New York County Commercial Division issued a decision in NCCMI Inc. v. Bersin Props., LLC, 2015 NY Slip Op. 30972(U), ruling that a choice of venue clause in the parties’ loan agreement trumped the rule set forth in CPLR 507, which otherwise provides that “an action in… Read more »

Posted: May 29, 2015

Foreign Corporation’s New York Residence is Determined by Application to do Business

On May 20, 2015, the Second Department issued a decision in American Builders & Contractors Supply Co., Inc. v. Capitaland Home Improvement Showroom, LLC, 2015 NY Slip Op. 04262, dismissing an action for improper venue. In American Builders & Contractors Supply Co., the defendant moved to dismiss for improper venue. The trial court denied the… Read more »