Legal Opinion

Magdalena v. Lins

Appellate Division of the Supreme Court of the State of New York

Decided December 16, 2014No. 13805 153047/13PublishedCited by 17 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Joan M. Kenney, J.), entered February 28, 2014, which, to the extent appealed from as limited by the briefs, denied defendants’ motion to dismiss the complaint for lack of personal jurisdiction and on forum non conveniens grounds, unanimously reversed, on the law, with costs, and the motion granted on the ground of lack of personal jurisdiction. The Clerk is directed to enter judgment accordingly.

The court erroneously concluded that the parties had consented to jurisdiction in New York based on a forum selection clause. It appears that the court…

2Cases cited7 opinions

  1. Daimler AG v. BaumanSupreme Court of the United States · 2014
  2. Fischbarg v. DoucetNew York Court of Appeals · 2007
  3. Copp v. RamirezAppellate Division of the Supreme Court of the State of New York · 2009
  4. ComJet Aviation Management LLC v. Aviation Investors Holdings Ltd.Appellate Division of the Supreme Court of the State of New York · 2003
  5. Wyser-Pratte Management Co. v. Babcock Borsig AG.Appellate Division of the Supreme Court of the State of New York · 2005

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3Cited by17 opinions

  1. Minnie Rose LLC v. YuDistrict Court, S.D. New York · 2016
  2. Davis v. Scottish Re Group Ltd.Appellate Division of the Supreme Court of the State of New York · 2016
  3. Chen v. Guo Liang LuAppellate Division of the Supreme Court of the State of New York · 2016
  4. Fernandez v. DaimlerChrysler, A.G.Appellate Division of the Supreme Court of the State of New York · 2016
  5. IMAX Corp. v. Essel GroupAppellate Division of the Supreme Court of the State of New York · 2017

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