Forum selection clauses and improper venue.

Practice point: A forum selection clause may constitute documentary evidence sufficient to provide a proper basis for dismissal of a complaint pursuant to CPLR 3211(a)(1), such as where the forum selection clause provides that any dispute arising under the relevant agreement must be litigated in the courts of a state other than New York, in federal court, or in the courts of a country other than the United States.

Student note: Commencing an action in the proper court, but in an improper county, is not a jurisdictional defect requiring dismissal of the action.

Case: Lowenbraun v. McKeon, NY Slip Op 06016 (2d Dept. 2012).

Here is the decision.

Tuesday’s issue: Consumer protection from bad actors.