Legal Opinion

KMK Safety Consulting, LLC v. Jeffrey M. Brown Associates, Inc.

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

Decided April 6, 2010PublishedCited by 21 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for breach of contract and unjust enrichment, the plaintiff appeals from an order of the Supreme Court, Richmond County (Maltese, J.), dated May 4, 2009, which granted that branch of the defendants’ motion which was pursuant to CPLR 3211 (a) (1) to dismiss the complaint on the basis of a forum selection agreement.

Ordered that the order is affirmed, with costs.

On a motion pursuant to CPLR 3211 to dismiss a pleading, the factual allegations contained therein will be presumed to be true and will be construed in the light most favorable to the opponent…

2Cases cited14 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Gillman v. Chase Manhattan Bank, N. A.New York Court of Appeals · 1988
  3. Brooke Group Ltd. v. JCH Syndicate 488New York Court of Appeals · 1996
  4. British West Indies Guaranty Trust Co. v. Banque Internationale A LuxembourgAppellate Division of the Supreme Court of the State of New York · 1991
  5. Koob v. IDS Financial Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1995

9 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Chen v. New Trend Apparel, Inc.District Court, S.D. New York · 2014
  2. Puleo v. Shore View Center for Rehabilitation & Health CareAppellate Division of the Supreme Court of the State of New York · 2015
  3. Adler v. 20/20 CompaniesAppellate Division of the Supreme Court of the State of New York · 2011
  4. New York Commercial Bank v. J. Realty F Rockaway, Ltd.Appellate Division of the Supreme Court of the State of New York · 2013
  5. Molino v. SagamoreAppellate Division of the Supreme Court of the State of New York · 2013

16 more not listed; retrieve them via the Exa API.

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