Posh Pooch Inc. v. Argenti
New York Supreme Court
815 N.Y.S.2d 495 (2006)
- Written by Mike Begovic, JD
Facts
Posh Pooch Inc. and G Style Couture, Inc. (collectively, the buyers) (plaintiffs) entered into a contract with Nieri Argenti s.a.s. (the seller) (defendant), an Italian company, for the purchase of leather products. The seller shipped most of the items to New York and included invoices containing a forum-selection clause, which provided that the courts of Florence, Italy, had jurisdiction. The forum-selection clause was written in Italian, although everything else in the invoices had been translated into English. The buyers did not sign or return the invoices. Prior to their agreement, the buyers and sellers had not discussed the inclusion of a forum-selection clause. The buyers filed an action against the seller in New York state court, alleging conversion, misrepresentations, delays in delivery of goods, and failure to deliver goods. The sellers moved to dismiss, arguing that the buyers were bound by the forum-selection clause. The case fell under § 2-207 of the New York Uniform Commercial Code, which addressed additional terms in a contract.
Rule of Law
Issue
Holding and Reasoning (Fried, J.)
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