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FEAR & FEAR v. NII BROKERAGE

50 A.D.3d 185 (2008)

851 N.Y.S.2d 311

FEAR & FEAR, INC., Appellant, v. N.I.I. BROKERAGE, L.L.C., et al., Respondents.

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

February 1, 2008.

Attorney(s) appearing for the Case

Hiscock & Barclay, LLP, Syracuse (Alan R. Peterman of counsel), for plaintiff-appellant.

Edward Z. Menkin, Syracuse, for defendants-respondents.

GORSKI, J.P., MARTOCHE, LUNN and PINE, JJ., concur.

OPINION OF THE COURT

FAHEY, J.

The issue before us on this appeal is whether the use of the permissive term "may" in a forum selection clause negated its mandatory nature. We conclude that it did not and thus that Supreme Court properly granted defendants' motion for a change of venue from Onondaga County to New York County.

Defendant N.I.I. Brokerage, L.L.C. (N.I.I.), a Delaware limited liability company with its principal place of business in New...

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