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BOSS v. AM. EXPRESS FIN.

6 N.Y.3d 242 (2006)

844 N.E.2d 1142

811 N.Y.S.2d 620

MARK J. BOSS et al., on Behalf of Themselves and Others Similarly Situated, Appellants, v. AMERICAN EXPRESS FINANCIAL ADVISORS, INC., et al., Respondents.

Court of Appeals of the State of New York.

Decided February 9, 2006.

Attorney(s) appearing for the Case

Paduano & Weintraub LLP, New York City (Leonard Weintraub and Willard Knox of counsel), and Law Offices of Jon E. Drucker, Beverly Hills, California (Jon E. Drucker of counsel), for appellants.

Faegre & Benson, Minneapolis, Minnesota (Daniel C. Gerhan and Holly M. Robbins of counsel), and Stroock & Stroock & Lavan LLP, New York City, for respondents.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

G.B. SMITH, J.

The issue here is whether a forum selection clause requiring that any action be brought in Minnesota courts should be enforced. We agree with the Appellate Division that the forum selection clause is valid and affirm its order dismissing the action.

Facts

The three plaintiffs in this action, all of whom resided in the Syracuse, New York area, sue on behalf...

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