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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: January 15, 2021

Plaintiffs not Bound by Forum Selection Clause Because Agreement to Clause Procured by Fraud

On December 30, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Marcal Fin. SA v. Sutton, 2020 NY Slip Op. 51576(U), holding that plaintiffs were not bound by a forum selection clause that was procured by fraud, explaining: The defendants argue based on the Atlas Forum Selection clause, which provides that, “the exclusive forum...

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