The Appellate Division, First Department on Thursday reversed a lower court ruling granting venue change in a medical malpractice lawsuit, finding that defendant-respondents failed to properly authenticate a forum selection clause.

In a 3-2 vote—with Justices Troy Webber and Saliann Scarpulla dissenting—the panel found that an affidavit from an employee with no direct knowledge of the circumstances surrounding an electronic signature was not sufficient to enforce a contract.

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