61 A.D.2d 803 | N.Y. App. Div. | 1978
In an action on a surety bond for the benefit of claimants supplying labor and materials, plaintiff appeals from an order of the Supreme Court, Nassau County, entered October 3, 1977, which granted, upon certain conditions, defendant’s motion to dismiss the complaint based on a forum selection clause contained in a surety bond. Order affirmed, with $50 costs and disbursements. The defendant issued a surety bond which has as its principal the general contractor for a construction project located in New Jersey. The bond contained a forum selection clause which required that any suit or action on the bond be brought in the State where the project was located (i.e., New Jersey). The bond was incorporated by reference into the subcontract entered into between the plaintiff and the general