Wang v. UBS AG

Appellate Division of the Supreme Court of New York

Wang v. UBS AG

139 A.D.3d 448, 29 N.Y.S.3d 185

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 5, 2016

Docket1079 652460/14

StatusPublished

Cited by1 cases

This text of 139 A.D.3d 448 (Wang v. UBS AG) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wang v. UBS AG, 139 A.D.3d 448, 29 N.Y.S.3d 185 (N.Y. Ct. App. 2016).

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Opinion

Order, Supreme Court, New York County (Robert Reed, J.), entered May 7, 2015, which, on the record of the hearing dated April 30, 2015, granted defendant USB AG’s motion to dismiss the complaint, unanimously affirmed, without costs.

Plaintiff’s claim must be brought in a different forum in accordance with the forum selection clause contained in the account agreement entered into by the parties, and plaintiff failed to meet his burden of showing that the forum selection clause should not be enforced (see Braverman v Yelp, Inc., 128 AD3d 568 [1st Dept 2015], lv denied 26 NY3d 902 [2015]; British W. Indies Guar. Trust Co. v Banque Internationale A Luxembourg, 172 AD2d 234 [1st Dept 1991]). The forum selection clause applies to the fraud claims, as they arise out of and in connection with the parties’ account agreement (see Zachariou v Manios, 50 AD3d 257 [1st Dept 2008]).

*449 The court, as an alternative basis for dismissal, properly found that the complaint should be dismissed based on the ground of forum non conveniens (CPLR 327; Peters v Peters, 101 AD3d 403 [1st Dept 2012]).

Concur — Sweeny, J.P., Acosta, Manzanet-Daniels, Gische and Gesmer, JJ.

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Order, Supreme Court, New York County (Robert Reed, J.), entered May 7, 2015, which, on the record of the hearing dated April 30, 2015, granted defendant USB AG’s motion to dismiss the complaint, unanimously affirmed, without costs.

Plaintiff’s claim must be brought in a different forum in accordance with the forum selection clause contained in the account agreement entered into by the parties, and plaintiff failed to meet his burden of showing that the forum selection clause should not be enforced (see Braverman v Yelp, Inc., 128 AD3d 568 [1st Dept 2015], lv denied 26 NY3d 902 [2015]; British W. Indies Guar. Trust Co. v Banque Internationale A Luxembourg, 172 AD2d 234 [1st Dept 1991]). The forum selection clause applies to the fraud claims, as they arise out of and in connection with the parties’ account agreement (see Zachariou v Manios, 50 AD3d 257 [1st Dept 2008]).

*449 The court, as an alternative basis for dismissal, properly found that the complaint should be dismissed based on the ground of forum non conveniens (CPLR 327; Peters v Peters, 101 AD3d 403 [1st Dept 2012]).

Concur — Sweeny, J.P., Acosta, Manzanet-Daniels, Gische and Gesmer, JJ.

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Bluebook (online)

139 A.D.3d 448, 29 N.Y.S.3d 185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wang-v-ubs-ag-nyappdiv-2016.

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