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August 7, 2024 Court Rejects Plaintiffs’ Reliance On A Security Agreement’s Contractual Venue Provision Allowing Actions In The Jurisdiction Of The Loan’s Collateral
On July 10, 2024, Justice Joel M. Cohen dismissed a lawsuit that two borrowers had filed in New York in an attempt to restrain a UCC sale of collateral located in the state, writing that only the secured party could avail itself of the relevant venue provision. In Zoey Paint Corp., et al. v. Commercial Credit Group, Inc., et al., Index No. 651989/2024, the loan and security agreements executed by the parties contained a provision designating North Carolina as the exclusive venue for any actions relating to the agreements. However, the venue provision contained an exception clause allowing “an action to recover possession of all or part of the collateral” in the state having jurisdiction over such collateral “in the sole discretion of the holder/secured party.” The Court interpreted this language to mean that only the secured party could bring a lawsuit outside North Carolina. It explained: Read More
July 15, 2024 Court Holds That Signing Filings In New York County Irrelevant For The Issue Of Venue And Grants Motion To Transfer Venue
On May 26, 2024, Justice Andrea Masley granted a motion to change venue to Nassau County. Defendants in Burman v. Burman, Index No. 655281/2023, moved to change venue in a case arising from plaintiff’s alleged exclusion from the Engel Burman (“EB”) enterprise. After rejecting defendants’ argument that venue in New York County was improper because none of the parties reside in New York County because plaintiff alleged a “substantial amount of the acts and transactions in issue took place in this county and various real estate developments in issue in this case are located in this county” pursuant to CPLR 503(a), the Court nevertheless granted the motion for other reasons. The Court explained: Read More
October 7, 2022 Venue Cannot be Based on Domicile of Party Added to Action
On September 26, 2022, Justice Robert R. Reed of the New York County Commercial Division issued a decision in Ahlin v. Lehr, Index No. 155191/2021, granting defendant’s motion for a change of venue from New York County to Westchester County, notwithstanding that the principal place of business of one of the parties was New York County because it was not a party when the action was commenced. The Court explained: Read More
August 20, 2021 Contract Clause Waiving Right to Challenge Jurisdiction of the Courts of the State of New York Insufficient to Waive Venue Challenge
On July 26, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Meri… Read More
October 17, 2020 Court Rejects Allegation That Venue was Proper When Alleged Fraud Took Place Elsewhere
On October 9, 2020, the Fourth Department issued a decision in Harvard Steel Sales, LLC v. Bain, 202… Read More
September 16, 2020 Consent to Jurisdiction In New York State Does Not Mean Consent to Venue in Any County in the State
On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
August 17, 2020 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 Set… Read More
October 5, 2018 Court Denies Motion to Change Venue
On September 18, 2018, Justice Masley of the New York County Commercial Division issued a decision i… Read More
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. 0474… Read More
January 9, 2018 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 B… Read More
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 … Read More
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 Simsh… Read More
December 31, 2016 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 C… Read More
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 Mar… Read More
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 NC… Read More
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 Supp… Read More