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HORN v. KIREY

CV 17-889.

281 F.Supp.3d 325 (2017)

Monica HORN, individually and derivatively on behalf of nominal defendant Home & Garden Imports by Terracotta Sales, Inc., Plaintiff, v. Brian KIREY, Defendant, and Home & Garden Imports by Terracotta Sales, Inc., a New York Corporation, Nominal Defendant.

United States District Court, E.D. New York.

Signed December 14, 2017.

Editors Note
Applicable Law: 28 U.S.C. § 1332
Cause: 28 U.S.C. § 1332 Diversity - Stockholders Suits
Nature of Suit: 160 Stockholders Suits
Source: PACER

Attorney(s) appearing for the Case

CAMPANELLI & ASSOCIATES, P.C., BY: AMANDA R. DISKEN, ESQ., Attorneys for Plaintiff, 1757 Merrick Avenue, Suite 204, Merrick, New York 11566.

FABRICANT LIPMAN & FRISHBERG, PLLC, BY: NEIL D. FRISHBERG, ESQ., Attorneys for Defendant, One Harriman Square, P.O. Box 60, Goshen, New York 10924.

MEMORANDUM AND ORDER

Before the Court is Defendant's motion to dismiss for improper venue, pursuant to Federal Rule of Civil Procedure 12(b)(3), on the grounds that the parties' shareholders agreement contains a forum selection clause mandating that this action should proceed in the state courts of New York. Plaintiff...

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