H. Sand v. Tishman Constr. Corp. of New York

Full title: H. SAND CO., INC., Respondent, v. TISHMAN CONSTRUCTION CORPORATION OF NEW…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 29, 1993

191 A.D.2d 678 (N.Y. App. Div. 1993)

595 N.Y.S.2d 561

Opinion

March 29, 1993

Appeal from the Supreme Court, Queens County (Durante, J.).

Ordered that the order is affirmed, with costs.

The subcontract into which the parties entered neither expressly provided for a choice of forum nor incorporated by reference the choice of forum clause contained in the prime contract (see, Gangel v. DeGroot, 41 N.Y.2d 840).

We have reviewed the appellant's remaining contentions and conclude that they are without merit. Thompson, J.P., Balletta, Rosenblatt and Eiber, JJ., concur.