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KOKO CONTRACTING, INC. v. CONTINENTAL ENVIRONMENTAL ASBESTOS REMOVAL CORP.

272 A.D.2d 585 (2000)

709 N.Y.S.2d 825

KOKO CONTRACTING, INC., et al., Appellants, v. CONTINENTAL ENVIRONMENTAL ASBESTOS REMOVAL CORP. et al., Defendants, and ZURICH INSURANCE COMPANY, Respondent.

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

Decided May 30, 2000.

Ordered that the order is affirmed, with costs.

The Supreme Court properly dismissed the complaint on the ground that the forum selection clause contained in the subject insurance policy provided that any action arising from the terms and conditions of the policy shall be instituted and litigated in the courts of the State of Colorado. Under New York law, forum selection clauses are prima facie valid (see, Brooke Group...

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