Decided July 13, 2009
Before: Wesley, Hall, and Gibson,1 C.JJ.
Appeal from an order of the United States District Court for the Southern District of New York (Harold Baer Jr., District Judge, presiding), entered on May 2, 2007, granting Defendants-Appellees’ motion to dismiss for improper venue and dismissing action in its entirety against all defendants. The district court found that the Plaintiffs were bound by valid and enforceable forum selection clauses which specified venue in Poland. We conclude that Gessler’s claims are not subject to the forum selection clauses at issue and remand for further proceedings.
Christopher L. Deininger, for Plaintiffs-Counter-Defendants-Appellants.
