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
2 Answers from Attorneys
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.
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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