Baanyan Software Services Inc. v. Kuncha, A-2058-12T3; Appellate Division; opinion by Carroll, J.S.C., temporarily assigned; decided and approved for publication December 19, 2013. Before Judges Reisner, Alvarez and Carroll. On appeal from the Law Division, Middlesex County, L-2529-12. [Sat below: Judge Cantor.] DDS No. 07-2-2303 [15 pp.]
Plaintiff Baanyan Software Services Inc., a multinational information technology development and software consulting company with headquarters in New Jersey, employed defendant Hima Bindhu Kuncha as a computer systems analyst. While living in California, she negotiated a written consulting contract through emails and telephone calls with Baanyan representatives. She sent an executed copy of the agreement to Baanyan, which executed it at its New Jersey headquarters. The agreement is silent as to Baanyan’s address and contains no forum-selection clause.
