131 A.D.3d 1121
N.Y. App. Div.2015Background
- Plaintiff signed an "Equipment Rental Form and Release of Liability" when seeking beginner snowboarding lessons at defendant's resort; it included a forum‑selection clause designating Greene County (or N.D.N.Y.) for disputes.
- Plaintiff sued in Suffolk County alleging negligent instruction caused his injuries.
- Defendant moved (CPLR 501 & 511) to change venue from Suffolk to Greene based on the forum clause.
- Supreme Court granted the motion; on reargument the court adhered to that ruling.
- Plaintiff appealed only the venue change ruling, arguing the clause was an unenforceable contract of adhesion and that the motion was untimely.
- The Court affirmed: the forum clause was enforceable and the defendant’s motion was timely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Enforceability of forum‑selection clause | Clause is an unenforceable contract of adhesion and contrary to public policy | Clause is valid and controls venue; parties agreed to Greene County forum | Clause enforceable; not adhesion or contrary to public policy (affirmed) |
| Notice of clause (presented at arrival) | Clause was first shown at arrival, so consumer had no meaningful opportunity to reject | Prior precedent allows enforcement even if presented at registration | Enforcement permitted under controlling precedent (Molino) |
| Timeliness of venue motion | Motion was too late | Motion made within a reasonable time after commencement | Motion was timely under CPLR 511(a) and case law |
| Deprivation of access to court by enforcing clause | Trial in Greene would effectively deprive plaintiff of day in court | Plaintiff failed to show practical deprivation | Plaintiff did not demonstrate forum would deny his day in court; clause enforced |
Key Cases Cited
- Molino v. Sagamore, 105 A.D.3d 922 (App. Div. 2013) (upheld forum selection clause presented at registration)
- KMK Safety Consulting, LLC v. Jeffrey M. Brown Assoc., Inc., 72 A.D.3d 650 (App. Div. 2010) (forum clauses enforceable under similar facts)
- LSPA Enter., Inc. v. Jani‑King of N.Y., Inc., 31 A.D.3d 394 (App. Div. 2006) (forum clause enforceability and public policy analysis)
- Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (U.S. 1991) (federal precedent upholding forum clauses on form contracts)
- Ward v. Cross Sound Ferry, 273 F.3d 520 (2d Cir. 2001) (short notice of ticketed contractual terms can render terms unenforceable)
- Sun Trust Bank v. Sun Int'l Hotels, Ltd., 184 F. Supp. 2d 1246 (S.D. Fla. 2001) (forum clauses shown only at arrival held unenforceable under facts)