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 »
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Posts Categorized: Venue
Judge Block Denies Motion to Change Venue from the EDNY to the SDNY in lawsuit by former Rikers Island Inmate
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 claim that the SDNY was a more… 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 »
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 »
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 »
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 »