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JACQUELINE DUVAL, plfap, v. JOHN SCOTT MAJOR, def-res

8869. JACQUELINE DUVAL, plfap, v. JOHN SCOTT MAJOR, def-res — Stein & Ott, LLP, New York (Sharon Stein of counsel), for ap — Cohen Clair Lans Greifer & Thorpe LLP, New York (Robert Stephan Cohen of counsel), for res — Order, Supreme Court, New York County (Lori S. Sattler, J.), entered August 3, 2012, which, inter alia, granted defendant's motion to dismiss the complaint and for attorneys' fees, unanimously affirmed, without costs.

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8869. JACQUELINE DUVAL, plfap, v. JOHN SCOTT MAJOR, def-res — Stein & Ott, LLP, New York (Sharon Stein of counsel), for ap — Cohen Clair Lans Greifer & Thorpe LLP, New York (Robert Stephan Cohen of counsel), for res — Order, Supreme Court, New York County (Lori S. Sattler, J.), entered August 3, 2012, which, inter alia, granted defendant’s motion to dismiss the complaint and for attorneys’ fees, unanimously affirmed, without costs.

By the standards of either New York or English law, the plain language of the parties’ agreement, as set forth in the Financial Order issued by the London High Court of Justice on May 26, 2006, reflects the parties’ intention that English law govern an application by either party for modification of the maintenance provision of the agreement and that any application for a modification be made to the English court (see Vermont Teddy Bear Co. v. 538 Madison Realty Co., 1 NY3d 470, 475 [2004]; Ditta Estasis Salotti di Colzani Aimo E Gianmario Colzani v. RWA Polstereimaschinen GmbH, [Case 24/76 TJWS 6], 1 CMLR 345, 355 [1977] [whether clause conferring jurisdiction reflects parties' consensus "must be clearly and precisely demonstrated"]; Coreck Maritime GmbH v. Handelsveem BV [Case C-387/98], Celex No. 698J0387).

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