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SOMERSET FINE HOME BLDG., INC. v. SIMPLEX INDUS., INC.

2019-01242. Index No. 615834/18.

185 A.D.3d 752 (2020)

127 N.Y.S.3d 131

2020 NY Slip Op 03817

Somerset Fine Home Building, Inc., Appellant, v. Simplex Industries, Inc., Respondent.

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

Decided July 8, 2020.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff is a home building, home improvement, and home repair company, and the defendant manufactures, ships, and delivers modular homes. On May 16, 2017, the parties entered into a sales contract whereby the defendant agreed to sell a modular home to the plaintiff. The sales contract contained a forum selection clause, which provided that the exclusive forum for an...

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