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Avi & Co NY Corp v. ChannelAdvisor Corp.

Action Is Transferred to EDNC; Forum Clause's Presumptive Enforceability Not Rebutted

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OPINION & ORDER On December 15, 2022, defendant ChannelAdvisor Corporation (“ChannelAdvisor”) removed this breach of contract action from the Supreme Court of New York, New York County. Dkt. 1. The next day, counsel appeared for plaintiff Avi & Co NY Corp (“Avi”), Dkt. 4, and filed a Local Rule 7.1 corporate disclosure statement, Dkt. 5. On December 21, 2022, the parties jointly requested extensions for Avi to file the Complaint in this Court and for ChannelAdvisor to respond, Dkt. 10, which the Court immediately granted, Dkt. 11. On January 31, 2023, Avi filed the Complaint, alleging claims under New York law of common-law breach of contract, unjust enrichment, breach of express warranty, breach of implied warranty of merchantability, negligent misrepresentation, fraudulent inducement, deceptive trade practices, and false advertising. Dkt. 12

28-77. These arise from ChannelAdvisors’s alleged failure to fulfill its promises and contractual duties to facilitate Avi’s management of multiple digital marketing campaigns, across multiple platforms, using ChannelAdvisor’s single interface. See id

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