Legal Question in Business Law in New York

Contracts

I've been sued in a NY court on a contract that states the parties consent to the exclusive jurisdiction of [another state]. What should I do. I am a resident of that stte but do business in NY


Asked on 1/24/09, 7:36 pm

2 Answers from Attorneys

Kristen Browde Browde Law, P.C.

Re: Contracts

A motion to dismiss would seem to be in order. However, that may not be your best solution, depending upon the specifics of your case.

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Answered on 1/24/09, 7:40 pm
Marshall Isaacs Marshall R. Isaacs, Attorney At Law

Re: Contracts

Without reviewing the contract and the surrounding facts, no attorney can give you a definitive answer.

However, if the action is strictly for breach of contract and the forum selection clause does, in fact, provide for exclusive jurisdiction, a simple motion to dismiss would probably solve the problem.

Then again, New York is a great state in which to be a defendant. The court system is so bogged-down that a good defense attorney can drag a case on for many years, possibly until Plaintiff goes out of business, dies or simply gives up.

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Answered on 1/24/09, 8:07 pm


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