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Lewis Johs Attorneys Secure Appellate Win for Nursing Home Client

Posted: October 14, 2020

LJAA Partner James P. Connors and Associate Shana Slawitsky obtained a reversal of a Supreme Court, Bronx County decision that failed to enforce the provisions of an Admission Agreement in a Residential Healthcare Facility.   Jim and Shana successfully argued that the forum selection clause contained in the admission agreement executed by the resident was enforceable as drafted and that no affidavit of the circumstances surrounding the execution of the agreement was required.   The First Department agreed that there was nothing in the record to support plaintiff’s contention that the forum selection clause was unreasonable or obtained by fraud or duress.  This decision reverses a recent trend in Bronx County where the Supreme Court would routinely deny applications to enforce venue selection clauses in nursing home admission agreements.