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TRIMARCO v. EDWARDS

651977/18. 11468A. 11468.

183 A.D.3d 402 (2020)

123 N.Y.S.3d 594

2020 NY Slip Op 02709

Michael C. Trimarco, Appellant, v. Charles Edwards, Also Known as Charles E. (Chase) Ergen III and Another, Respondent, et al., Defendants.

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

Decided May 7, 2020.

The IAS court properly found that the forum selection clause in the parties' 2010 "Co-adventurers Resolutions" agreement did not apply to the 2012 loan agreement sued upon here (Phillips v Audio Active Ltd., 494 F.3d 378, 389 [2d Cir 2007]).

The court also properly found no jurisdiction under CPLR 302(a)(1). The alleged New York contacts were not substantially related to the loan...

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