Cplr 3213 Settlement Agreement

The essential question is whether the appointment of an agent for the service of proceedings in that State, for “all claims arising” from the agreement, is sufficient to confer the personal jurisdiction of the applicant (brought under CPLR 3213) against the defendant on the note issued in accordance with this Agreement and referred to in that Convention. The defendant`s argument before that court that the applicant is trying to `have it both ways` by claiming that the reference is part of the agreement for the purpose of the transfer of jurisdiction and not of the safeguard agreement for exemption CPLR 3213, is incorrect. Such a fabricated argument ignores the need for a money payment instrument to contain only a clear and unconditional promise to pay a certain amount of money.

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