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ROKEBY-JOHNSON v. KENTUCKY

108 A.D.2d 336 (1985)

Henry R. Rokeby-Johnson, Individually and on Behalf of Sturge Syndicate and Other Concerned Underwriters at Lloyds, Respondent, v. Kentucky Agricultural Energy Corporation et al., Appellants Federal Insurance Company et al., Respondents, v. Kentucky Agricultural Energy Corp. et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

May 14, 1985

Attorney(s) appearing for the Case

Paul G. Pennoyer, Jr., of counsel (Jerome C. Katz and Donald W. Rose with him on the brief; Chadbourne, Parke, Whiteside & Wolff, attorneys), for Kentucky Agricultural Energy Corp., appellant.

Thomas M. Geisler, Jr., Bradford Anderson and Henry A. Udow (on the brief with Paul G. Pennoyer, Jr.; Shearman & Sterling, attorneys), for Citibank, N. A., appellant.

Leonard S. Leaman of counsel (Peter L. Keane with him on the brief; Lord, Day & Lord, attorneys), for Henry R. Rokeby-Johnson, respondent.

Robert A. Rubin of counsel (Lisa A. Banick with him on the brief; Postner & Rubin, attorneys), for Federal Insurance Company, respondent.

Myron C. Martynetz of counsel (Anthony Lanzone and Charmaine Marlowe with him on the brief; Lanzone & Kramer, attorneys), for Employers Insurance of Wausau, respondent.

KUPFERMAN, ASCH and BLOOM, JJ., concur.

MURPHY, P. J.

The substantive issue presented on this appeal by defendants Kentucky Agricultural Energy Corporation (KAEC) and Citibank, N. A., concerns the enforceability of a forum selection clause contained in certain insurance policies issued to KAEC by plaintiffs Henry Ralph Rokeby-Johnson, individually and on behalf of certain underwriters at Lloyds of London (hereinafter collectively, Lloyds), Federal...

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