W.J. DEUTSCH & SONS, LTD. v. CHARBAUT AMERICA, INC.


57 A.D.3d 529 (2008)

868 N.Y.S.2d 293

W.J. DEUTSCH & SONS, LTD., Respondent, v. CHARBAUT AMERICA, INC., Doing Business as VRANKEN AMERICA, et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

December 2, 2008.


Ordered that the order is reversed, on the law, with costs, and the defendants' motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) on the basis of a forum selection agreement is granted.

The parties to a contract "may freely select a forum which will resolve any disputes over the interpretation or performance of the contract. Such clauses are prima facie valid and enforceable unless shown by the resisting party to be unreasonable" (Brooke Group v JCH...

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