CREATIVE MOBILE TECH., LLC, v. SMART MODULAR TECH., INC.

2011-04850.

97 A.D.3d 626 (2012)

948 N.Y.S.2d 375

2012 NY Slip Op 5492

CREATIVE MOBILE TECHNOLOGIES, LLC, Appellant, v. SMART MODULAR TECHNOLOGIES, INC., Respondent.

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

July 11, 2012.


Ordered that the order is affirmed, with costs.

"Although once disfavored by the courts, it is now recognized that parties to a contract may freely select a forum which will resolve any disputes over the interpretation or performance of the contract" (Brooke Group v JCH Syndicate 488, 87 N.Y.2d 530, 534 [1996]). "A contractual forum selection clause is prima facie valid and enforceable unless it is shown by the challenging...

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