GMAC CREDIT v. JC PENNEY CO.


186 Misc.2d 701 (2001)

720 N.Y.S.2d 747

GMAC COMMERCIAL CREDIT L. L. C., Plaintiff, v. J.C. PENNEY COMPANY, INC., Defendant.

Supreme Court, New York County.

January 8, 2001.


Attorney(s) appearing for the Case

Oppenheimer Wolff & Donnelly, New York City, for defendant.

Catafago Law Firm, New York City (Kenneth T. Wasserman of counsel), for plaintiff.


OPINION OF THE COURT

EDWARD H. LEHNER, J.

The central issue on this motion by defendant to dismiss the complaint pursuant to CPLR 3211 (a) is whether the plaintiff, an assignee of a receivable allegedly owing by defendant, is bound by the forum selection provision of the contract between the assignor and the defendant or, to put it another way, does the defendant lose the benefit of such provision when the other party to the contract assigns its right to...

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