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ARYA'S COLLECTION, INC. v. BRINK'S GLOBAL SERVICES, USA, INC.

1490.

67 A.D.3d 525 (2009)

888 N.Y.S.2d 57

2009 NY Slip Op 08464

ARYA'S COLLECTION, INC., Appellant, v. BRINK'S GLOBAL SERVICES, USA, INC., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 17, 2009.

The documentary evidence conclusively demonstrates that the show receipts claimed by defendant to constitute the parties' only agreement relating to the subject shipment contained a forum selection clause (see Tatko Stone Prods., Inc. v Davis-Giovinzazzo Constr. Co., Inc., 65 A.D.3d 778, 779-780 [2009]). Defendant showed that the clause was reasonably communicated to plaintiff and mandatory for all claims arising from the shipment...

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