CASE SUMMARY 9.5 ::Movado Group, Inc. v. Mozafarian et al., 938 N.Y.S.2d 27, 92 A.D.3d 431 (2012)BATTLE OF THE FORMSMozaffarian and his wife, each suing individually and as d/b/a three companies they owned,signed a credit agreement in which they expressly acknowledged receipt of, and agreed to bebound by, terms and conditions contained in an extrinsic (external) document, which they neitherread nor requested a copy of to read. The credit agreement identified the terms and conditions asthose contained on each invoice. After the credit application was approved, they then saw, for thefirst time, the terms and conditions, which contained a New York forum selection clause.Movado proved by a preponderance of the evidence that the terms and conditions of the extrinsicdocument were incorporated into the credit agreement and that the defendants acknowledgedreceipt and agreed to be bound by the same. The credit agreement, which identified the terms andconditions as those contained on each invoice, was sufficient to put the defendants on notice thatthere was an additional document of legal import to the contract they were executing.CASE QUESTIONS1.Was the forum selection clause an additional term, a different term, a confirmatorywriting, or a term incorporated into the document? Explain.2.Does the fact that Mozaffarian et al. never requested to see the extrinsic document haveany bearing on the case? Why or why not?