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VAN DEVENTER v. CS SCF MANAGEMENT LIMITED

37 A.D.3d 280 (2007)

830 N.Y.S.2d 97

JOHN M. VAN DEVENTER et al., Respondents, v. CS SCF MANAGEMENT LIMITED et al., Appellants, et al., Defendants.

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

Decided February 15, 2007.

The New York forum selection clause in the 1999 strategic consulting agreement (SCA) does not cover the eleventh and twelfth causes of action, which involve the conversion of certain software. When one of plaintiffs' affiliates first asserted ownership of the software, well before the subject causes of action were added to the first amended complaint, it did not mention the SCA; rather, it invoked a different agreement. This prelitigation...

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