Arya's Collection, Inc. v. Brink's Global Services

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered October 15, 2008, which, in an action for breach of a contract to transport plaintiffs jewelry, granted defendant’s motion to dismiss the complaint on the basis of a forum selection clause, unanimously affirmed, without costs.

The documentary evidence conclusively demonstrates that the show receipts claimed by defendant to constitute the parties’ only agreement relating to the subject shipment contained a forum selection clause (see Tatko Stone Prods., Inc. v DavisGiovinzazzo Constr. Co., Inc., 65 AD3d 778, 779-780 [2009]).…