Legal Opinion

Boss v. American Express Financial Advisors, Inc.

New York Court of Appeals

Decided February 9, 2006PublishedCited by 34 opinions

1Opinion of the Court

OPINION OF THE COURT

G.B. Smith, J.

The issue here is whether a forum selection clause requiring that any action be brought in Minnesota courts should be enforced. We agree with the Appellate Division that the forum selection clause is valid and affirm its order dismissing the action.

Facts

The three plaintiffs in this action, all of whom resided in the Syracuse, New York area, sue on behalf of themselves and the putative class action members who are similarly situated (see CPLR 901). At issue is whether the “expense allowance” paid by each advisor for the maintenance of office space and overhead…

2Cases cited3 opinions

  1. Brooke Group Ltd. v. JCH Syndicate 488New York Court of Appeals · 1996
  2. Boss v. American Express Financial Advisors, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  3. Fidelity & Deposit Co. of Maryland v. AltmanAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by34 opinions

  1. Melia v. Zenhire, Inc.Massachusetts Supreme Judicial Court · 2012
  2. 2002 Lawrence R. Buchalter Alaska Trust v. Philadelphia Financial Life Assurance Co.District Court, S.D. New York · 2015
  3. Sterling National Bank v. Eastern Shipping Worldwide, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  4. Globe Surgical Supply v. GEICO InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
  5. KMK Safety Consulting, LLC v. Jeffrey M. Brown Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2010

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