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TATKO STONE PRODUCTS, INC. v. DAVIS-GIOVINZAZZO CONSTRUCTION COMPANY, INC.

65 A.D.3d 778 (2009)

883 N.Y.S.2d 665

TATKO STONE PRODUCTS, INC., Appellant, v. DAVIS-GIOVINZAZZO CONSTRUCTION COMPANY, INC., et al., Defendants, and GREAT AMERICAN INSURANCE COMPANY, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided August 13, 2009.

McCarthy, J.

Defendant Great American Insurance Company issued a surety bond for masonry work performed by defendant Davis-Giovinzazzo Construction Company, Inc. on a construction project located in New Jersey. Plaintiff contracted to supply material to Davis for the project and now seeks payment under the surety bond for unpaid invoices. The bond, however, contains a forum selection clause which requires that any suit or action on it be brought in the state where...

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