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SCARCELLA v. AMERICA ONLINE

11 Misc.3d 19 (2005)

811 N.Y.S.2d 858

RUSSELL SCARCELLA, Respondent, v. AMERICA ONLINE, INC., Appellant.

Supreme Court, Appellate Term, First Department.

December 28, 2005.

Attorney(s) appearing for the Case

Michael C. Marcus, New York City, and Schlam Stone & Dolan LLP, New York City (Jeffrey M. Eilender and John M. Lundin of counsel), for appellant.

Russell Scarcella, respondent pro se.

McCOOE, J.P., DAVIS and GANGEL-JACOB, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Orders, dated September 8, 2004 and March 28, 2005, affirmed, without costs.

Civil Court properly concluded that the forum selection clause set forth in the electronic America Online, Inc. (AOL) membership agreement, which required that any dispute against AOL be litigated in Virginia, was unenforceable in the limited context of this small claims case. Plaintiff made...

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