DIWAN v. GRINBERG

653166/17. Appeal No. 12383-12384. Case Nos. 2019-5744, 2019-03557.

188 A.D.3d 526 (2020)

132 N.Y.S.3d 617

2020 NY Slip Op 06708

Judy Masri Diwan et al., Appellants, v. Bernardo Jose Rosental Grinberg et al., Respondents.

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

Decided November 17, 2020.


Plaintiffs are not entitled to enforce the forum selection clause in the account agreements. Neither plaintiffs nor defendant Grinberg were parties to these agreements. The agreements were between two corporations of which plaintiffs were shareholders and defendant bank. Defendant Grinberg, the president of the two corporations, signed the agreement solely in his corporate capacity (see Freeford Ltd. v Pendleton, 53 A.D.3d 32, 38...

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