David Grill and Jason Gurdus obtain dismissal of a breach of contract lawsuit

David M. Grill and Jason Gurdus obtained the dismissal of a breach of contract lawsuit pending before the Supreme Court, Suffolk County.  The Court granted their motion to dismiss and consolidated the first filed Suffolk County breach of contract with a subsequently filed lawsuit in New York County, which sought, among other relief, to foreclose upon a mechanic’s lien and to recover under a payment bond.  Despite conflicting venue provisions in the underlying construction contract between the parties and the subject payment bond, and notwithstanding that the Suffolk County Action was commenced first, the Court found that the claims properly belonged in New York County, where both the real property and the work at issue are located. 

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Decision