WANG v. UBS AG, 139 A.D.3d 448 (2016)
Court: Supreme Court of New York
Number: innyco20160505322
Visitors: 18
Filed: May 05, 2016
Latest Update: May 05, 2016
Summary: Plaintiff's claim must be brought in a different forum in accordance with the forum selection clause contained in the account agreement entered into by the parties, and plaintiff failed to meet his burden of showing that the forum selection clause should not be enforced ( see Braverman v Yelp, Inc., 128 A.D.3d 568 [1st Dept 2015], lv denied 26 N.Y.3d 902 [2015]; British W. Indies Guar. Trust Co. v Banque Internationale A Luxembourg, 172 A.D.2d 234 [1st Dept 1991]). The forum selection
Summary: Plaintiff's claim must be brought in a different forum in accordance with the forum selection clause contained in the account agreement entered into by the parties, and plaintiff failed to meet his burden of showing that the forum selection clause should not be enforced ( see Braverman v Yelp, Inc., 128 A.D.3d 568 [1st Dept 2015], lv denied 26 N.Y.3d 902 [2015]; British W. Indies Guar. Trust Co. v Banque Internationale A Luxembourg, 172 A.D.2d 234 [1st Dept 1991]). The forum selection ..
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Plaintiff's claim must be brought in a different forum in accordance with the forum selection clause contained in the account agreement entered into by the parties, and plaintiff failed to meet his burden of showing that the forum selection clause should not be enforced (see Braverman v Yelp, Inc., 128 A.D.3d 568 [1st Dept 2015], lv denied 26 N.Y.3d 902 [2015]; British W. Indies Guar. Trust Co. v Banque Internationale A Luxembourg, 172 A.D.2d 234 [1st Dept 1991]). The forum selection clause applies to the fraud claims, as they arise out of and in connection with the parties' account agreement (see Zachariou v Manios, 50 A.D.3d 257 [1st Dept 2008]).
The court, as an alternative basis for dismissal, properly found that the complaint should be dismissed based on the ground of forum non conveniens (CPLR 327; Peters v Peters, 101 A.D.3d 403 [1st Dept 2012]).
Source: Leagle
