Wednesday, August 12, 2015

A motion to change venue.

Practice point:  The Appellate Division reversed, and granted defendant's motion, pursuant to CPLR 501, 510, and 511, to change the venue of the action from Kings County to Nassau County.

Plaintiff failed to show that enforcement of the forum selection clause would be unreasonable, unjust, or in contravention public policy, or that the inclusion of the forum selection clause in the agreement was the result of fraud or overreaching.  Moreover, the plaintiff did not demonstrate that a trial in Nassau County would be so gravely difficult that, for all practical purposes, he would be deprived of his day in court.

Student note:  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.

Case:  Casale v. Sheepshead Nursing & Rehabilitation Ctr., NY Slip Op 06410 (2d Dept. 2015)

Here is the decision.

Tomorrow's issue:  Contracts and tort liability in favor of a third party.