Forum Selection Clause

Public Adm'r Bronx County v Montefiore Med. Ctr., 2012 NY Slip Op 02411 (1st Dept., 2012)

The forum selection clauses in the admission agreements at issue provide that "[a]ny and all actions arising out of or related to th[e] Agreement[s] shall be brought in . . . Westchester County." Because this action arises out of or relates to Morningside's duties and obligations under the agreements, the clauses apply and thus venue was properly transferred to Westchester County (see Buhler v French Woods Festival of Performing Arts, 154 AD2d 303 [1989]; cf. De La Cruz v Caddell Dry Dock & Repair Co., Inc., 56 AD3d 365, 366 [2008]). Plaintiff has failed to show that enforcement of the forum selection clauses would violate public policy or that a trial in Westchester County would be so impracticable and inconvenient that he would be deprived of his day in court (see Bank Hapoalim (Switzerland) Ltd. v Banca Intesa S.p.A., 26 AD3d 286, 288 [2006]; cf. Yoshida v PC Tech U.S.A. & You-Ri, Inc., 22 AD3d 373 [2005]). Moreover, there is no allegation that the agreements at issue were the result of fraud or overreaching (cf. DeSola Group v Coors Brewing Co., 199 AD2d 141, 141-142 [1993]). Although defendant Montefiore was not a party to the agreements, in order to avoid inconsistent verdicts, the entire action was properly transferred to Westchester County (see Woodhouse v Orangetown Pediatrics, 213 AD2d 362 [1995]).

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