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MADDEN INTERNATIONAL, LTD. v. LEW FOOTWEAR HOLDINGS PTY LTD.

1797N, 650209/15.

143 A.D.3d 418 (2016)

2016 NY Slip Op 06443

38 N.Y.S.3d 178

MADDEN INTERNATIONAL, LTD., Respondent, v. LEW FOOTWEAR HOLDINGS PTY LTD., Appellant.

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

Decided October 4, 2016.

Notwithstanding that the parties' agreement contained a choice of law clause providing that the agreement "shall be governed by and construed in accordance" with New York contract law "without regard to conflict of laws provisions" and a forum selection clause providing that "any and all actions or proceedings arising out of or relating to" the agreement "shall be exclusively heard only in ... state or federal court" in certain...

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