Lowenbraun v. McKeon

In an action, inter alia, to recover damages for conversion, the plaintiff appeals from an order of the Supreme Court, Nassau County (Murphy, J.), entered January 11, 2011, which granted those branches of the defendants’ separate motions which were pursuant to CPLR 3211 (a) (1) to dismiss the complaint insofar as asserted against each of them, based on a forum selection clause set forth in an agreement dated January 8, 2009.

Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the defendants’ separate motions which were pursuant to CPLR…