Legal Opinion
GMAC Commercial Credit L. L. C. v. J.C. Penney Co.
New York Supreme Court
Decided January 8, 2001PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Edward H. Lehner, J.
The central issue on this motion by defendant to dismiss the complaint pursuant to CPLR 3211 (a) is whether the plaintiff, an assignee of a receivable allegedly owing by defendant, is bound by the forum selection provision of the contract between the assignor and the defendant or, to put it another way, does the defendant lose the benefit of such provision when the other party to the contract assigns its right to collect the receivable.
*702In April 1995, plaintiff GMAC Commercial Credit L. L. C. (GMACCC) (formerly known as BNY Factoring L. L. C.) entered…
2Cases cited13 opinions
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Nationwide General Insurance v. Investors Insurance Co. of AmericaNew York Court of Appeals · 1975
- Matter of Lipman (Haeuser Shellac Co.)New York Court of Appeals · 1942
- In re General Assignment for the Benefit of Creditors of International Ribbon Mills, Ltd.New York Court of Appeals · 1975
- Langel v. BetzNew York Court of Appeals · 1928
8 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Brookmar Corp. v. Tax CommissionerNew York Supreme Court · 2006