Cuddy & Feder Obtains Full Dismissal of Claim for Conversion, Breach of Contract, and Fraud

Cuddy & Feder’s litigation team, led by Kempshall McAndrew, obtained a complete dismissal of an action in Westchester Supreme Court for breach of contract and related causes of action. The underlying dispute was based on a consignment agreement under which the plaintiff contracted with the defendant to appraise and sell certain goods. Plaintiff alleged that the defendant, and its principals (whom plaintiff named as defendants) breached the agreement, converted the property subject to the agreement, and engaged in other malfeasance. On behalf of the defendants, we moved to dismiss the action based on the forum selection clause in the contract which called for exclusive jurisdiction in Connecticut. The plaintiff attempted to evade the contractual clause by arguing that the non-contractual claims in the complaint, plus the fact that the property at issue was in New York, meant that the case could be brought in New York. Plaintiff also argued that it was coerced into the contract and therefore should not be held to the forum selection clause.  The Supreme Court rejected these arguments, held that the forum selection clause was valid and enforceable, and dismissed plaintiff’s case.