Opinion
05-05-2016
FRED SIMCHA WANG, Plaintiff–Appellant, v. UBS AG, Defendant–Respondent, John Does 1–10, et al., Defendants.
Fred Simcha Wang, appellant pro se. Katten Muchin Rosenman, LLP, New York (Tenley Mochizuki of counsel), for respondent.
Fred Simcha Wang, appellant pro se.
Katten Muchin Rosenman, LLP, New York (Tenley Mochizuki of counsel), for respondent.
Opinion Order, Supreme Court, New York County (Robert Reed, J.), entered May 7, 2015, which, on the record of the hearing dated April 30, 2015, granted defendant USB AG's motion to dismiss the complaint, unanimously affirmed, without costs.
Plaintiff's claim must be brought in a different forum in accordance with the forum selection clause contained in the account agreement entered into by the parties, and plaintiff failed to meet his burden of showing that the forum selection clause should not be enforced (see Braverman v. Yelp, Inc., 128 A.D.3d 568, 10 N.Y.S.3d 203 [1st Dept.2015], lv. denied 26 N.Y.3d 902, 2015 WL 5148828 [2015] ; British W. Indies Guar. Trust Co. v. Banque Internationale A Luxembourg, 172 A.D.2d 234, 567 N.Y.S.2d 731 [1st Dept.1991] ). The forum selection clause applies to the fraud claims, as they arise out of and in connection with the parties' account agreement (see Zachariou v. Manios, 50 A.D.3d 257, 854 N.Y.S.2d 694 [1st Dept.2008] ). The court, as an alternative basis for dismissal, properly found that the complaint should be dismissed based on the ground of forum non conveniens (CPLR 327 ; Peters v. Peters, 101 A.D.3d 403, 955 N.Y.S.2d 315 [1st Dept. 2012] ).
SWEENY, J.P., ACOSTA, MANZANET–DANIELS, GISCHE, GESMER, JJ., concur.