Summary
This Appellate Division decision addresses a defendant's motion to change venue from Kings County to Nassau County based on a forum selection clause in a nursing home admission agreement. The court reversed the Supreme Court's denial of the motion, finding that the plaintiff failed to demonstrate that enforcing the clause would be unreasonable, unjust, or contrary to public policy. Consequently, the case was ordered to be transferred to Nassau County as mandated by the contract.
Topics
Practice areas
Questions Presented
- Whether the forum‑selection clause in the agreement is enforceable and the motion to change venue should be granted.
Holdings
- The forum‑selection clause is prima facie valid; the plaintiff failed to show it was unreasonable, unjust, contrary to public policy, or the result of fraud, so the motion to change venue is granted and the lower court’s denial is reversed.
Key quotations
“"A contractual forum selection clause is prima facie valid and enforceable unless it is shown by the challenging party to be unreasonable, unjust, in contravention of public policy, invalid due to fraud or overreaching, or it is shown that a trial in the selected forum would be so gravely difficult that the challenging party would, for all practical purposes, be deprived of its day in court"”
Factual background
The plaintiff filed a wrongful‑death action in Kings County alleging medical malpractice and violations of the Public Health Law arising from the decedent’s death while residing at the defendants’ facility. The defendants submitted an agreement containing a forum‑selection clause designating Nassau County courts and moved to change venue; the trial court denied the motion.
Procedural history
The plaintiff, as administrator of the decedent's estate, filed a wrongful‑death action in the Supreme Court, Kings County. Defendants moved to change venue to Nassau County based on a forum‑selection clause in an agreement; the trial court denied the motion. The defendants appealed.
Remand instructions
The Clerk of the Supreme Court, Kings County, is directed to deliver to the Clerk of the Supreme Court, Nassau County, all papers filed in this action and certified copies of all minutes and entries.