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DOVIN CONSTRUCTION, INC. v. C. RAIMONDO & SONS CONSTRUCTION CO., INC.

29 A.D.3d 364 (2006)

814 N.Y.S.2d 613

DOVIN CONSTRUCTION, INC., on Behalf of Itself and Other Persons Similarly Situated as Trust Fund Beneficiaries of Lien Law Trusts of which C. Raimondo & Sons Construction Co., Inc., is a Trustee, Appellant, v. C. RAIMONDO & SONS CONSTRUCTION CO., INC., et al., Defendants, and CHARLES FERRARA, as Executor of CHARLES RAIMONDO, Deceased, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

May 11, 2006.

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 Watertown, 1 A.D.3d 1054, 1057 [2003] [corporate officers may be personally liable for Lien Law trust funds]), the officer, although not a party to the subcontract containing the New Jersey forum selection clause, has standing to invoke the clause...

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