Dovin Construction, Inc. v. C. Raimondo & Sons Construction Co.

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered February 7, 2005, which, in an action by a subcontractor for breach of contract and to enforce a trust under the *365Lien Law, granted the motion of defendant chief executive officer (since deceased) of the general contractor to dismiss the complaint based on a New Jersey forum selection clause in the subcontract, unanimously affirmed, with costs.

Since the subcontractor seeks relief against both the corporate general contractor and its chief executive officer in his individual capacity (see Edgewater Constr. Co. v 81 & 3 of…