Jerez v. JD Closeouts, LLC

943 N.Y.S.2d 392 (2012)

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Jerez v. JD Closeouts, LLC

Nassau County District Court
943 N.Y.S.2d 392 (2012)

SC

Facts

JD Closeouts, LLC (JD) (defendant) was an online retailer. JD’s website contained an “About Us” webpage, which in turn contained a “Terms of Sale” webpage. The “Terms of Sale” webpage contained a forum-selection clause stating that any dispute arising from a transaction on the website would be adjudicated in Broward County, Florida. Guillermo Jerez (plaintiff) bought thousands of pairs of socks on JD’s website. When the socks arrived, Jerez found them to be defective. When JD refused to refund Jerez’s money, Jerez brought suit. Jerez was a resident of Nassau County, New York, and he filed the suit in Nassau County District Court. JD filed a motion to dismiss, arguing that the forum-selection clause on the website was binding, and Nassau County was not the proper forum. Jerez argued that he never saw the forum-selection clause on the website, and JD never specifically brought the clause to his attention.

Rule of Law

Issue

Holding and Reasoning (Ciaffa, J.)

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