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Landmark Ventures, Inc. v. Birger
Citations: 2017 NY Slip Op 1153; 147 A.D.3d 497; 48 N.Y.S.3d 315Docket: 3081 651745/14
Court: Appellate Division of the Supreme Court of the State of New York; February 13, 2017; New York; State Appellate Court
Original Court Document: View Document
Landmark Ventures, Inc. filed an appeal against Doron Birger after the Supreme Court of New York County dismissed its amended verified complaint on July 20, 2015. The Appellate Division affirmed the dismissal, citing a forum selection clause in the 2012 supplement to a 2010 agreement, which mandated that disputes be resolved in Tel Aviv district. The court determined that the dispute related to the Confidentiality and Intellectual Property Agreement (CIPA) within the 2010 Agreement, justifying the dismissal of the first cause of action alleging breach of the CIPA. Although Landmark argued that its breach of contract claim should proceed in New York because the CIPA selected New York law, the court clarified that a choice of law clause does not equate to a choice of forum clause. Landmark's assertion that the forum selection clause did not apply to its tort claims was also rejected. The court noted that dismissal based on the forum selection clause rendered it unnecessary to consider arguments regarding forum non conveniens. Furthermore, the court dismissed Birger's request for sanctions against Landmark for filing a frivolous appeal, as the action taken in New York was not deemed frivolous despite the chosen forum being Israel. The decision concluded without addressing other claims raised by the parties.