In J** P*, LLC v. Amazon.com Services, LLC the plaintiff alleged breach of contract and fraud against the defendant, Amazon. However, the New York County Supreme Court eventually dismissed the complaint, and the Appellate Division, First Department, ended up affirming that dismissal.
The central issue was whether J** was bound by the venue provision in the Main Services Agreement (MSA), which explicitly required disputes against the company to be resolved in courts located in King County, Washington. The MSA governed the parties’ relationship and applied to any relevant work order, including the one at issue. Even though Amazon had not countersigned the work order, the court found that the language in the agreements—combined with J**s performance—clearly demonstrated J**’s obligation to adhere to the MSA’s venue provision.
The motion court relied on CPLR 3211(a)(1), which permits dismissal based on documentary evidence. The AD1 unanimously upheld the dismissal, confirming that J** must pursue its claims in the appropriate forum.
Think Amazon delivered that with a smile?
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DECISION