Notwithstanding, Special Term mistakenly interpreted Paragraph No. 32 of the contract, as barring both parties from bringing suit in New York, there is ample basis to warrant dismissing the complaint for the contract is governed by New Jersey law, was entered into in New Jersey by two New Jersey corporations and calls for performance of work on a building to be erected in that State. Thus, no substantial nexus with New York exists (see Martin v Mieth,
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JOSEPH L. MUSCARELLE, INC. v. FLUORO ELEC. CORP.
55 A.D.2d 526 (1976)
Joseph L. Muscarelle, Inc., Appellant, v. Fluoro Electric Corporation, Respondent, and Universal Container Corp., Defendant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
December 2, 1976
December 2, 1976
Appellate Division of the Supreme Court of the State of New York, First Department.
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