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2138747 ONTARIO v. SAMSUNG

2138747, 653270/14, 1509.

144 A.D.3d 122 (2016)

2016 NY Slip Op 06671

39 N.Y.S.3d 10

2138747 ONTARIO, INC., Appellant, v. SAMSUNG C&T CORPORATION et al., Respondents.

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

Decided October 11, 2016.

Attorney(s) appearing for the Case

Susman Godfrey LLP, New York City (Jacob W. Buchdahl, William C. Carmody, Shawn J. Rabin and Cory S. Buland, of counsel), and Ressler & Ressler, New York City (Ellen R. Werther and Bruce J. Ressler of counsel), for appellant.

Baker & McKenzie, LLP, New York City (Grant A. Hanessian, Jacob M. Kaplan and Adam P. Pascarella of counsel), for respondents.

MAZZARELLI, J.P., ANDRIAS, SAXE and KAHN, JJ., concur.

OPINION OF THE COURT

On this appeal, we are called upon to decide whether a broadly drawn contractual choice-of-law provision, that provides for the agreement to be "governed by, construed and enforced" in accordance with New York law, precludes the application of New York's borrowing statute (CPLR 202). We find that it does...

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