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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46926 Judge Keenan PLAINTIFF, WHICH sought compensatory and punitive damages from defendant, had accused defendant of breaching a series of contracts, being unjustly enriched at plaintiff’s detriment, tortiously converting one of plaintiff’s trademarks and willfully engaging in deceptive business practices. Defendant contended that New York is not the appropriate forum for plaintiff’s action, relying on a provision in the parties’ Master Purchasing Agreement that all actions be litigated in the Superior Court for Forsyth County, N.C. Plaintiff contended that enforcement of the forum selection clause would be unreasonable because it would effectively eliminate the company’s opportunity to obtain a remedy, as it is a small and financially destitute company unable to litigate in North Carolina. The court dismissed the complaint, determining that the forum selection clause is valid and enforceable, concluding that simply claiming financial distress does not warrant setting aside a valid forum selection clause.

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