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WORMSER CORP. v. L'ORéAL USA, INC.

Index No. 654901/20. Appeal No. 15896. Case No. 2021-02575.

205 A.D.3d 496 (2022)

165 N.Y.S.3d 844

2022 NY Slip Op 03093

Wormser Corporation, Appellant, v. L'Oréal USA, Inc., Respondent.

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

Decided May 10, 2022.

Attorney(s) appearing for the Case

Kagen Caspersen & Bogart PLLC, New York (Russel L. Bogart of counsel), for appellant.

K & L Gates LLP, New York (Anthony P. La Rocco of counsel), for respondent.

Concur—Webber, J.P., Singh, Moulton, Kennedy, Rodriguez, JJ.

Plaintiff (Wormser) asserts a claim for breach of the forum selection clause contained in the parties' agreement, which requires disputes to be brought before the courts of New York City, and for attorneys' fees incurred in the actions that defendant (L'Oréal) brought against it in New Jersey. After the New Jersey court had dismissed its complaint "with prejudice within the jurisdiction of New Jersey," L'Oréal commenced an action against Wormser in Supreme Court...

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