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KOIKE ARONSON, INC. v. BEARING DISTRIBUTORS, INC.

300 CA 21-01396.

208 A.D.3d 956 (2022)

173 N.Y.S.3d 366

2022 NY Slip Op 04834

Koike Aronson, Inc., Appellant, v. Bearing Distributors, Inc., Doing Business as BDI, Respondent.

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

Decided August 4, 2022.

Attorney(s) appearing for the Case

HODGSON RUSS LLP, BUFFALO ( RYAN K. CUMMINGS OF COUNSEL), FOR PLAINTIFF-APPELLANT.

DUANE MORRIS LLP, PHILADELPHIA, PENNSYLVANIA ( BRIAN J. SLIPAKOFF , OF THE PENNSYLVANIA BAR, ADMITTED PRO HAC VICE, OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Whalen, P.J., Smith, Centra, NeMoyer and Winslow, JJ.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied, and the amended complaint is reinstated.

Memorandum: Plaintiff commenced this breach of warranty action against defendant in Supreme Court, Wyoming County. Defendant moved to dismiss the amended complaint under CPLR 3211(a)(1) on the ground that the parties' underlying agreement includes a forum selection...

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