Plaintiff Troy Harrison was riding a Revel moped when, due to allegedly faulty or malfunctioning brakes, he was thrown off the moped. Plaintiff sued Revel to recover for his injuries.

Revel now moved for an order changing the place of trial of the action from Kings County to New York County based on the forum selection clause in the parties' agreement. Plaintiff moved for an order permanently staying arbitration and Revel cross-moved for an order compelling plaintiff to arbitrate pursuant to the terms of the agreement.