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MANIOS ZACHARIOU v. MANIOS

50 A.D.3d 257 (2008)

854 N.Y.S.2d 694

EVANGELIA MANIOS ZACHARIOU, Appellant, v. VASSILIOS MANIOS, Respondent, et al., Defendants.

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

Decided April 1, 2008.

The causes of action for fraud and negligent misrepresentation either fell under the 1999 Greek Agreement or the London Agreement, which both contain mandatory Greek forum selection clauses (see Micro Balanced Prods. Corp. v Hlavin Indus., 238 A.D.2d 284, 285 [1997]), or were based upon conduct "innate to the performance of the contract" and thus encompassed in the breach of contract cause of action (McMahan & Co. v Bass,...

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