Opinion
No. CA 06-02278.
March 16, 2007.
Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered October 28, 2005. The order granted defendants' motion to dismiss the complaint.
DIBBLE, MILLER BURGER, P.C., ROCHESTER (CRAIG D. CHARTIER OF COUNSEL), FOR PLAINTIFF-APPELLANT.
FORD HARRISON LLP, NEW YORK CITY (JEFFREY A. GOLDSTEIN OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
Present — Scudder, P.J., Hurlbutt, Smith, Lunn and Green, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: We affirm for the reasons stated in the decision at Supreme Court. We add only that, contrary to plaintiffs contention, the decision in Boss v American Express Fin. Advisors, Inc. ( 6 NY3d 242) does not compel a different result here. The plaintiffs in Boss not only agreed that the courts of Minnesota had jurisdiction over any controversy and that the law of Minnesota would govern, but they also expressly "waived any privilege to have their claim heard elsewhere" ( id. at 246).