Majority
“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
Cases cited
- Brooke Group Ltd. v. JCH Syndicate 488 87 NY2d 530 at 534 p. 626
- LSPA Enterprise, Inc. v. Jani-King of New York, Inc. 31 AD3d 394 at 395 p. 626
- Adler v. 20/20 Companies 82 AD3d 918 at 919 p. 626
- Bernstein v. Wysoki 77 AD3d 241 at 248-249 p. 626
- Harry Casper, Inc. v. Pines Associates, L.P. 53 AD3d 764 at 765 p. 627
- Rokeby-Johnson v. Kentucky Agricultural Energy Corp. 108 AD2d 336 at 341 p. 627
- DeSola Group, Inc. v. Coors Brewing Co. 199 AD2d 141 at 141-142 p. 627