WESTAUB II LLC v. WESTERMANN

Index No. 159319/19. Appeal No. 14859. Case No. 2020-03722.

200 A.D.3d 550 (2021)

160 N.Y.S.3d 214

2021 NY Slip Op 06976

Westaub II LLC et al., Appellants, v. Antoine Westermann, Respondent.

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

Decided December 14, 2021.


Attorney(s) appearing for the Case

Schiff Hardin LLP, Newport Beach, CA ( Patrick Downes of the bar of the State of California, admitted pro hac vice, of counsel), for appellants.

Val Mandel, P.C., New York ( Stephen L. Dreyfuss of counsel), for respondent.

Concur—Gische, J.P., Webber, Oing, Singh, Higgitt, JJ.


The motion court correctly read the 2014 Agreement and 2015 Amendment together to find that the forum selection clause in the 2015 Amendment applied to this dispute and required its dismissal. The selection clause, which mandates litigation in Colmar, France, applies to "any dispute between the undersigned parties in connection with the performance or interpretation of this Agreement." The 2015 document is titled an "amendment," and its terms show that it is meant to amend...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases