Meerovich v. Big Apple Institute, Inc.
1:22-cv-07625
| E.D.N.Y | Jun 9, 2025Background
- Mikhail Meerovich filed a lawsuit in the U.S. District Court for the Eastern District of New York against his former employer, Big Apple Institute, Inc., and manager Bronislav Leydiker, alleging violations of the Fair Labor Standards Act and New York Labor Law.
- The defendants moved to dismiss the case on the grounds of improper venue, relying on a forum selection clause in Meerovich's employment agreement, designating the New York State Supreme Court, Kings County, as the exclusive forum for disputes.
- The district court found the forum selection clause valid and enforceable, dismissed the federal case, and did not hold an evidentiary hearing.
- Meerovich argued that there was no “meeting of the minds” as to the agreement and that the clause was the product of overreaching.
- The Second Circuit reviewed the district court’s decision for abuse of discretion, focusing on whether the clause was reasonably communicated and whether its enforcement would be unjust or unreasonable.
- The court ultimately affirmed the district court’s dismissal without prejudice so Meerovich could refile in state court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Enforceability of forum selection clause | Clause was not agreed upon; no meeting of minds | Clause was signed and properly communicated | Reasonably communicated; valid and enforceable |
| Overreaching or coercion | Signing was rushed; opportunity for review lacking | No coercion, no misrepresentation by employer | No facts showing coercion or fraud; clause enforceable |
| Need for evidentiary hearing | Disputed facts require hearing | Facts not material; no need for hearing | No abuse of discretion in declining evidentiary hearing |
| Expiry of agreement | Agreement expired; cannot now enforce clause | Argument not preserved below; untimely on appeal | Court declines to consider new argument raised on appeal |
Key Cases Cited
- Martinez v. Bloomberg LP, 740 F.3d 211 (2d Cir. 2014) (sets forth requirements for enforceability of forum selection clauses)
- Ragone v. Atl. Video at Manhattan Ctr., 595 F.3d 115 (2d Cir. 2010) (signing a contract with imperfect English understanding does not relieve signor of responsibility)
- Gold v. Deutsche Aktiengesellschaft, 365 F.3d 144 (2d Cir. 2004) (no relief from contract terms absent fraud or prevention from review)
- Morris v. Snappy Car Rental, 637 N.E.2d 253 (N.Y. 1994) (enforcing contracts when party is not prevented from reading or requesting explanation)
- Zappia Middle E. Constr. Co. v. Emirate of Abu Dhabi, 215 F.3d 247 (2d Cir. 2000) (district court’s discretion in denying evidentiary hearings)