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BROOKE GROUP v. JCH SYNDICATE

87 N.Y.2d 530 (1996)

663 N.E.2d 635

640 N.Y.S.2d 479

Brooke Group Ltd. et al., Appellants, v. JCH Syndicate 488 et al., Respondents.

Court of Appeals of the State of New York.

Decided March 21, 1996.

Attorney(s) appearing for the Case

Milbank, Tweed, Hadley & McCloy, New York City (Michael L. Hirschfeld and Alisa Odeen of counsel), for appellants.

Breindel & Ferstendig, P. C., New York City (David L. Ferstendig of counsel), for respondents.

Judges TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur; Chief Judge KAYE taking no part.

SIMONS, J.

The issue presented is whether a "Service of Suit Clause", common to many Lloyd's of London contracts of insurance, constitutes a mandatory forum selection clause requiring defendants to litigate this dispute in New York and precluding dismissal on forum non conveniens grounds.

Plaintiff, Brooke Group Ltd., is a Delaware corporation with its principal...

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