MAGDALENA v. LINS

13805, 153047/13

123 A.D.3d 600 (2014)

999 N.Y.S.2d 44

2014 NY Slip Op 08782

MARCIO MAGDALENA, Respondent, v. EDUARDO LINS et al., Appellants.

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

Decided December 16, 2014.


The court erroneously concluded that the parties had consented to jurisdiction in New York based on a forum selection clause. It appears that the court conflated the oral fee sharing agreement between the parties (the fee sharing agreement), which is the subject of the instant lawsuit and which contains no consent or forum selection provision, with a separate written fee sharing agreement between defendant Glendun Point S.A. and an entity that is not a party to this lawsuit...

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