Creative Mobile Tech., LLC v. Smart Modular Tech., Inc., 97 A.D.3d 626 (N.Y. App. Div. 2012). · Go Syfert
Creative Mobile Tech., LLC v. Smart Modular Tech., Inc., 97 A.D.3d 626 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
19 citation events (19 in the last 25 years) across 4 distinct courts.
Strongest positive: Westchester Fitness, LLC v. Retrofitness, LLC (nyappdiv, 2026-05-06)
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discussed Cited as authority (rule) Westchester Fitness, LLC v. Retrofitness, LLC (2×)
N.Y. App. Div. · 2026 · confidence medium
Further, the plaintiffs' general allegations of fraud relating to the franchise agreement were insufficient to render the forum selection clause unenforceable for the purpose of this action ( see Creative Mobile Tech., LLC v Smart Modular Tech., Inc. , 97 AD3d 626, 626-627; cf. DeSola Group v Coors Brewing Co. , 199 AD2d 141, 142).
discussed Cited as authority (rule) Lifetime Brands, Inc. v. Garden Ridge, L.P.
N.Y. App. Div. · 2013 · confidence medium
Accordingly, the Supreme Court properly granted that branch of the defendant’s motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (1) on the ground that the forum selection clause precluded commencement of the action in New York (see Creative Mobile Tech., LLC v Smart Modular Tech., Inc., 97 AD3d at 626-627).
discussed Cited as authority (rule) Lifetime Brands, Inc. v. Garden Ridge, L.P.
N.Y. App. Div. · 2013 · confidence medium
Accordingly, the Supreme Court properly granted that branch of the defendant’s motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (1) on the ground that the forum selection clause precluded commencement of the action in New York (see Creative Mobile Tech., LLC v Smart Modular Tech., Inc., 97 AD3d at 626-627).
discussed Cited as authority (rule) Chiantella v. Lucy Chiantella Revocable Trust of 2002 (2×) also: Cited "see"
N.Y. App. Div. · 2013 · confidence medium
“A contractual forum selection clause is prima facie valid and enforceable unless it is shown by the challenging party to be unreasonable, unjust, in contravention of public policy, invalid due to fraud or overreaching, or it is shown that a trial in the selected forum would be so gravely difficult that the challenging party would, for all practical purposes, be deprived of its day in court” (Creative Mobile Tech., LLC v Smart Modular Tech., Inc., 97 AD3d at 626 [internal quotation marks omitted]; see Adler v 20/20 Cos., 82 AD3d 918, 919 [2011]; Bernstein v Wysoki, 77 AD3d 241, 248-249 [20…
discussed Cited as authority (rule) Chiantella v. Lucy Chiantella Revocable Trust of 2002 (2×) also: Cited "see"
N.Y. App. Div. · 2013 · confidence medium
“A contractual forum selection clause is prima facie valid and enforceable unless it is shown by the challenging party to be unreasonable, unjust, in contravention of public policy, invalid due to fraud or overreaching, or it is shown that a trial in the selected forum would be so gravely difficult that the challenging party would, for all practical purposes, be deprived of its day in court” (Creative Mobile Tech., LLC v Smart Modular Tech., Inc., 97 AD3d at 626 [internal quotation marks omitted]; see Adler v 20/20 Cos., 82 AD3d 918, 919 [2011]; Bernstein v Wysoki, 77 AD3d 241, 248-249 [20…
Retrieving the full opinion text from the archive…
Creative Mobile Technologies, LLC
v.
Smart Modular Technologies, Inc.
Appellate Division of the Supreme Court of the State of New York.
Jul 11, 2012.
97 A.D.3d 626
Cited by 2 opinions  |  Published

“Although once disfavored by the courts, it is now recognized that parties to a contract may freely select a forum which will resolve any disputes over the interpretation or performance of the contract” (Brooke Group v JCH Syndicate 488, 87 NY2d 530, 534 [1996]). “A contractual forum selection clause is prima facie valid and enforceable unless it is shown by the challenging party to be unreasonable, unjust, in contravention of public policy, invalid due to fraud or overreaching, or it is shown that a trial in the selected forum would be so gravely difficult that the challenging party would, for all practical purposes, be deprived of its day in court” (LSPA Enter., Inc. v Jani-King of N.Y., Inc., 31 AD3d 394, 395 [2006]; see Adler v 20/20 Cos., 82 AD3d 918, 919 [2011]; Bernstein v Wysoki, 77 AD3d 241, 248-249 [2010]). Here, the forum selection clause contained in the defendant’s standard “Terms and Conditions” was expressly and fully incorporated into the parties’ settlement agreement, and the plaintiffs general allegations of fraud relating to the settlement agreement are insufficient to render the clause unenforceable[*627] for the purpose of this action (see Harry Casper, Inc. v Pines Assoc., L.P., 53 AD3d 764, 765 [2008]; LSPA Enter., Inc. v Jani-King of N.Y., Inc., 31 AD3d at 395; Rokeby-Johnson v Kentucky Agric. Energy Corp., 108 AD2d 336, 341 [1985]; cf. DeSola Group v Coors Brewing Co., 199 AD2d 141, 141-142 [1993]). Accordingly, the Supreme Court properly granted that branch of the defendant’s motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (1) on the basis that the forum selection clause precluded commencement of the action in New York (see Lischinskaya v Carnival Corp., 56 AD3d 116, 123 [2008]). Skelos, J.P., Dickerson, Leventhal and Roman, JJ, concur.