Albany of counsel Marc Kaim and associate Olivia Orlando successfully obtained pre-answer dismissal in a product liability case based on the clear and unambiguous terms in the forum selection clause. Marc and Olivia represented a lessor renting refrigeration equipment to plaintiff for a restaurant. Plaintiff alleged that the refrigerated container was defective and/or improperly installed, and filed suit in New York.

Marc and Olivia cited that the lease agreement between the firm’s client and plaintiff specifically included a forum selection clause, which designated New Jersey as the venue for any litigation. Sullivan County Supreme Court granted the firm’s motion to dismiss and noted plaintiff failed to meet the strong showing as outlined in Horton v Concerns of Police Survivors, 62 AD3d 836, 836 (2d Dept, 2009).