August 12, 2023

Contractual forum selection clauses.

Where no material facts are in dispute, a contractual forum selection clause is prima facie valid and enforceable, absent a showing that the provision is unreasonable, unjust, in contravention of public policy, invalid due to fraud or overreaching, or that a trial in the designated forum would be so difficult as to deprive the challenging party of its day in court.

Knight v. New York & Presbyt. Hosp., NY Slip Op 04258 (1st Dep't August 10, 2023)

Here is the decision.