Section 5-1402. Choice of forum


Latest version.
  • 1. Notwithstanding any act which limits or
      affects the right of a person  to  maintain  an  action  or  proceeding,
      including, but not limited to, paragraph (b) of section thirteen hundred
      fourteen  of the business corporation law and subdivision two of section
      two hundred-b of the banking law, any person may maintain an  action  or
      proceeding against a foreign corporation, non-resident, or foreign state
      where the action or proceeding arises out of or relates to any contract,
      agreement  or  undertaking  for  which a choice of New York law has been
      made in whole or in part pursuant to section 5-1401 and which (a)  is  a
      contract,   agreement   or  undertaking,  contingent  or  otherwise,  in
      consideration of, or  relating  to  any  obligation  arising  out  of  a
      transaction  covering  in  the  aggregate,  not  less  than  one million
      dollars, and (b) which contains a provision or provisions  whereby  such
      foreign corporation or non-resident agrees to submit to the jurisdiction
      of the courts of this state.
        2.  Nothing contained in this section shall be construed to affect the
      enforcement of any provision respecting choice of  forum  in  any  other
      contract, agreement or undertaking.