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June 15, 2005

New York Court of Appeals Grants Leave to Appeal in Choice of Law Contract Provision Case

The New York Court of Appeals recently granted leave to appeal in Boss v. Am. Express Fin. Advisors, Inc., which concerns the application of a choice-of-law provision in the subject employment contracts.  The Appellate Division, First Department applied Minnesota law (the forum indicated in the contract) over New York regarding the salary/expense deduction provision in the defendant's employment agreements, even though New York's Labor Law provided more protection to the employers than Minnesota law.  I am assuming that the plaintiffs are New York residents.

It takes a certain type of lawyer to get excited about a choice-of-law case (I find these cases fascinating).

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