York forum selection clause (New York) · Go Syfert
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York forum selection clause in New York

7 New York opinions name it 2 courts 1991–2025 1 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Rector v. BDG Gotham Residential, LLCgreen
nyappdiv · 2022 · cited in 1 New York opinions naming this issue, 2025–2025
1 sentence

2025Even if plaintiff had established its entitlement to a default judgment pursuant to CPLR 3215(f), based on the procedural history of the Louisiana action, the parties' dispute as to whether a new complaint had to be filed, and defendant's defense of plaintiff's motion, the motion for a default judgment was properly denied ( see Rector v BDG Gotham Residential, LLC , 209 AD3d 509, 509 [1st Dept 2022]).

11
Copp v. Ramirezgreen
nyappdiv · 2009 · cited in 1 New York opinions naming this issue, 2019–2019
1 sentence

2019The trustee made a prima facie case that New York lacked jurisdiction over him, and [*2]plaintiff failed to meet its burden to present sufficient facts to demonstrate jurisdiction ( see Cotia [USA] Ltd. v Lynn Steel Corp. , 134 AD3d 483, 484 [1st Dept 2015]; see also Copp v Ramirez , 62 AD3d 23, 28 [1st Dept 2009], lv denied 12 NY3d 711 [2009]).

11
People v. Wheelergreen
ny · 2009 · cited in 1 New York opinions naming this issue, 2019–2019
1 sentence

2019The trustee made a prima facie case that New York lacked jurisdiction over him, and [*2]plaintiff failed to meet its burden to present sufficient facts to demonstrate jurisdiction ( see Cotia [USA] Ltd. v Lynn Steel Corp. , 134 AD3d 483, 484 [1st Dept 2015]; see also Copp v Ramirez , 62 AD3d 23, 28 [1st Dept 2009], lv denied 12 NY3d 711 [2009]).

11
People v. Bharathgreen
nyappdiv · 2015 · cited in 1 New York opinions naming this issue, 2019–2019
1 sentence

2019The trustee made a prima facie case that New York lacked jurisdiction over him, and [*2]plaintiff failed to meet its burden to present sufficient facts to demonstrate jurisdiction ( see Cotia [USA] Ltd. v Lynn Steel Corp. , 134 AD3d 483, 484 [1st Dept 2015]; see also Copp v Ramirez , 62 AD3d 23, 28 [1st Dept 2009], lv denied 12 NY3d 711 [2009]).

11
Merrill Lynch, Pierce, Fenner & Smith, Inc. v. McLeodgreen
nyappdiv · 1995 · cited in 1 New York opinions naming this issue, 2019–2019
1 sentence

2019Cooke's motion to dismiss the claims against her pursuant to CPLR 3211(a)(8), plaintiff could have added a New York forum selection clause when it prepared the royalty agreement ( see also Merrill Lynch, Pierce, Fenner & Smith v McLeod , 208 AD2d 81, 84 [1st Dept 1995]).

11
In re the Arbitration between Pickman Brokerage & Benovagreen
nyappdiv · 1992 · cited in 1 New York opinions naming this issue, 2012–2012
1 sentence

2012Plaintiff proved by a preponderance of the evidence (see Matter of Pickman Brokerage [Bevona], 184 AD2d 226, 226-227 [1992]), that the terms and conditions of the extrinsic document were incorporated into the credit agreement, and that defendants’ acknowledged receipt and agreed to be bound by the same.

11
National Union Fire Insurance Co. of Pittsburgh, PA. v. Hartelgreen
nysd · 1990 · cited in 1 New York opinions naming this issue, 1991–1991
1 sentence

1991Co. v Hartel, supra, at 1139.) Defendant’s contention that New York should refuse jurisdiction over the underlying actions on forum non conveniens grounds is misplaced, as the promissory notes in question all contained a New York forum selection clause and a New York choice of law clause wherein the defendant consented to New York jurisdiction, and agreed that the notes would be governed by and construed in accordance with the law of the State of New York.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
AIG Financial Products Corp. v. Penncara Energy, LLC green
nyappdiv · 2011
1 sentence

2019Prods. , 83 AD3d at 496 ; cf. Carlyle CIM Agent, L.L.C. v Trey Resources I, LLC , 148 AD3d 562 [1st Dept 2017] [New York actions not dismissed in favor of Oklahoma proceeding in which defendants filed counterclaims where forum selection clause mandatory as to defendants required them to commence any cause of action against the plaintiff in state or federal court in New York County]).

12019–2019
Stein v. City of New York green
nyappdiv · 2017
1 sentence

2019Prods. , 83 AD3d at 496 ; cf. Carlyle CIM Agent, L.L.C. v Trey Resources I, LLC , 148 AD3d 562 [1st Dept 2017] [New York actions not dismissed in favor of Oklahoma proceeding in which defendants filed counterclaims where forum selection clause mandatory as to defendants required them to commence any cause of action against the plaintiff in state or federal court in New York County]).

12019–2019
Tanges v. Heidelberg North America, Inc. green
ny · 1999
1 sentence

2018It is undisputed that had the NDA's choice-of-law provision incorporated only New York substantive law and contained a New York forum selection clause, New York would apply its own procedural law as the law of the forum ( see Tanges , 93 NY2d at 53 ), including CPLR 202 ( see Portfolio Recovery Assoc. , 14 NY3d at 416 ).

12018–2018
Portfolio Recovery Associates., LLC v. King green
ny · 2010
1 sentence

2018It is undisputed that had the NDA's choice-of-law provision incorporated only New York substantive law and contained a New York forum selection clause, New York would apply its own procedural law as the law of the forum ( see Tanges , 93 NY2d at 53 ), including CPLR 202 ( see Portfolio Recovery Assoc. , 14 NY3d at 416 ).

12018–2018
Braspetro Oil Services Co. v. UK Guaranty & Bonding Corp. neutral
nyappdiv · 2005
1 sentence

2006Co. v UK Guar. & Bonding Corp., Ltd., 18 AD3d 291 [2005]).

12006–2006

Where else courts name it

NY 7 (1991–2025) TX 2 (2014–2017) CA 2 (2022–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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