News & Analysis as of

Venue Commercial Court

Farrell Fritz, P.C.

Have Commercial Dispute, Will Travel (to New York)

Farrell Fritz, P.C. on

A few years back, in a post entitled What the Commercial Division Has Done for Us Lately, we commented on a 2019 report from the Commercial Division Advisory Council, which extolled “The Benefits of the Commercial Division to...more

Farrell Fritz, P.C.

Free Rein Venue Choices? Not So Fast Says the Commercial Division

Farrell Fritz, P.C. on

The principles of jurisdiction and venue are paramount when determining not only where a proceeding will be conducted, but also which particular laws will govern the proceeding. ...more

Proskauer - Minding Your Business

Court Determines New York’s Recently Amended Venue Provision Does Not Limit Where Lawsuits Between Non-Residents May Be Filed

In 2017, New York amended its general venue statute. For as long as New York’s Civil Practice Law and Rules has existed, the general venue statute (CPLR § 503(a)) placed proper venue solely based on residence of the parties....more

Farrell Fritz, P.C.

Successful Challenge To a Forum-Selection Clause Requires a “Strong Showing” – So Select Your Forum Wisely

Farrell Fritz, P.C. on

Forum-selection clauses were once widely disfavored by many courts on the theory that such provisions operated to improperly divest the court of jurisdiction. But now, it is well-recognized that parties to a contract may...more

Farrell Fritz, P.C.

Amended CPLR 503(a): “Extra Butter” Sneakerheads Must Defend Alleged Theft of Yeezys, and Other Fly Kicks, in New York County

Farrell Fritz, P.C. on

It has been almost one year since the New York legislature amended CPLR 503(a) to provide for venue in “the county in which a substantial part of the events or omissions giving rise to the claim occurred.” ...more

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