Henderson v. Hon. moskowitz/sullivan

Summary

The court declined to adopt the closely related party doctrine for allowing a non-signatory to enforce a forum selection clause. It held that the contract's text controls and that established doctrines provide adequate means for non-signatories to enforce or be bound by contractual provisions. Because the consumer fraud claim against Henderson was statutory and independent of the contract, the forum selection clause did not require its dismissal, so the court affirmed and remanded. No separate opinions were filed.