Legal Opinion
Movado Group, Inc. v. Mozaffarian
Appellate Division of the Supreme Court of the State of New York
Decided February 2, 2012PublishedCited by 5 opinions
1Opinion of the Court
Defendants signed a credit agreement in which they expressly acknowledged receipt of, and agreed to be bound by, terms and conditions contained in an extrinsic document, which defendants neither read nor requested a copy to read. After the credit application was approved, defendants saw, for the first time, the terms and conditions, which contained a New York forum selection clause.
Plaintiff proved by a preponderance of the evidence (see Matter of Pickman Brokerage [Bevona], 184 AD2d 226, 226-227 *432[1992]), that the terms and conditions of the extrinsic document were incorporated into the…
2Cases cited8 opinions
- Sorenson v. Bridge Capital Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- American Dredging Co. v. Plaza Petroleum Inc.District Court, E.D. New York · 1992
- Shark Information Services Corp. v. Crum and Forster Commercial InsuranceAppellate Division of the Supreme Court of the State of New York · 1995
- American Dredging Co. v. Plaza Petroleum Inc.District Court, E.D. New York · 1993
- Guerra v. Astoria Generating Co., L.P.Appellate Division of the Supreme Court of the State of New York · 2004
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- J. Remora Maintenance LLC v. EfromovichAppellate Division of the Supreme Court of the State of New York · 2013
- Schron v. Troutman Sanders LLPAppellate Division of the Supreme Court of the State of New York · 2012
- Dollar Phone Corp. v. Dun & Bradstreet Corp.District Court, E.D. New York · 2013
- J. Remora Maintenance LLC v. EfromovichAppellate Division of the Supreme Court of the State of New York · 2013
- Schron v. Troutman Sanders LLPAppellate Division of the Supreme Court of the State of New York · 2012