Jump to Navigation

Recent Case Victories

Studebaker-Worthington Leasing Corp. v. New Concepts Realty, Inc

Court: New York Supreme Court, Appellate Term, 9th and 10th Judicial Districts (2009)

Citation: 2009 WL 1924749 (N.Y.Sup.App.Term), 2009 N.Y. Slip Op. 29284

Background: Our client, New Concepts Realty, Inc., entered into a contract with NorVergence, Inc. for bundled telecommunications equipment and services. Within the equipment rental agreement (ERA) was a "forum selection clause" allowing Studebaker-Worthington to choose the jurisdiction of any lawsuit brought against an out-of-state lessee such as New Concepts Realty.

Details of the case: Although New Concepts was a Colorado company, by the time a dispute arose, NorVergence claimed to have assigned its contract rights to Studebaker-Worthington Leasing Corp. located in New York, which brought suit in the Supreme Court in Nassau County. We moved for dismissal on New Concepts' behalf on jurisdictional grounds, but that motion was initially denied.

We moved for leave to reargue the issue and, based on newly obtained evidence, revealed that NorVergence had engaged in deceptive and unethical business practices, which NorVergence did not deny. These deceptive practices were so fundamental, we argued, the entire agreement should be unenforceable, including the forum selection provision.

Decision: Upon appeal, the Appellate Term found that "the defendants met their burden in demonstrating that the ERA was so permeated with fraud as to render the contract as a whole, including the forum selection clause contained therein, void and unenforceable." The contract was voided completely and the action was dismissed.

At Weinstein, Kaplan & Cohen, P.C. our attorneys' detailed knowledge of contract disputes allows us to be powerful advocates at both the trial and appellate levels. If you are involved a business or contract dispute that needs experienced representation and well crafted legal advocacy, contact us today. Our lawyers can be reached by phone at (800) 722-1342 or by e-mail using our intake form.

Please click here to see the complete text of the court's decision.

Sunday, May 28, 2017

Contact Us

Weinstein, Kaplan & Cohen, P.C.
Attorneys at Law

1325 Franklin Avenue
Suite 210
Garden City, NY 11530-1631

Phone: (800) 722-1342
Fax: (516) 877-7760

E-mail the Firm

Case Evaluation Form

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Located just minutes from the Nassau County Supreme Court, Weinstein, Kaplan & Cohen, P.C. has provided premium family law and business law services to clients throughout New York for almost three decades.


ATTORNEY ADVERTISING

AV Rated

CV, BV and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.