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Forum Selection Clause in Nursing Home Admission Agreement Should Have Been Enforced

The Second Department determined Supreme Court should not have granted plaintiff’s request for a change of forum, the forum selection clause in the agreement between plaintiff’s decedent and defendant nursing home (Concourse) controlled:

The plaintiff’s claim that the forum selection clause should not be upheld because this is a tort action and not a breach of contract action is without merit. The applicability of a forum selection clause does not depend on the nature of the underlying action. This Court has upheld nonnegotiated forum selection clauses contained in various contracts even where the underlying action was a personal injury action or medical malpractice action … . Rather, it is the language of the forum selection clause itself that determines which claims fall within its scope … . Here, the contract provision reciting that “[a]ny and all actions arising out of or related to th[e] Agreement” includes the causes of action in this action …, which are predicated on the care rendered by Concourse to the decedent pursuant to the terms of the Admission Agreement.

Furthermore, the plaintiff failed to show that the forum selection clause was unreasonable or unjust, or that a trial in Westchester County would be so gravely difficult that, for all practical purposes, she would be deprived of her day in court. Also, the plaintiff did not allege, or demonstrate, that the forum selection clause was the result of fraud or overreaching. Under these circumstances, the plaintiff failed to make any showing that the forum selection clause should be set aside … . Couvertier v Concourse Rehabilitation & Nursing Inc, 2014 NY Slip Op 03473, 2nd Dept 5-14-14

 

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