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Public Administrator Bronx County v. Montefiore Medical Center
Citations: 93 A.D.3d 620; 941 N.Y.S.2d 104
Court: Appellate Division of the Supreme Court of the State of New York; March 29, 2012; New York; State Appellate Court
An order from the Supreme Court, Bronx County, entered on July 25, 2011, granted Morningside's motion and Montefiore's cross motion to change venue from Bronx County to Westchester County in a case alleging negligence and medical malpractice against the defendants. The court affirmed this decision without costs, citing the forum selection clauses in the admission agreements which mandated that any related actions be brought in Westchester County. The action was deemed to arise from Morningside's obligations under these agreements, justifying the venue transfer. The plaintiff did not demonstrate that enforcing the forum selection clauses would contravene public policy or that a trial in Westchester would be impractical to the extent of denying him his day in court. Furthermore, there were no claims that the agreements were the product of fraud or coercion. Even though Montefiore was not a signatory to the agreements, the court transferred the entire action to Westchester County to prevent inconsistent verdicts. Additionally, the motion to strike parts of the plaintiff's record and brief was partially granted, removing pages 108 through 169 and related points lacking factual support, while the remainder of the motion was denied.