On August 10, 2023, the Appellate Division, First Department, reversed a lower court’s grant of a defendant nursing home’s motion to change venue based on a contractual venue selection clause.

In a 3-2 decision, the appellate court held that questions surrounding the authenticity of the plaintiff’s decedent’s electronic signature renders a contractual forum selection clause unenforceable. 

KBR partners David Bloom and Mario C. Giannettino authored an article, “Failure to Authenticate Resident’s Signature Leads to Denial of Motion to Change Venue”, dissecting a recent ruling that was overturned in Knight v. The New York Presbyterian Hospital, et al.

Read the client advisory here.