Milnor Constr. Corp. v. Board of Educ. of City of N.Y

In Milnor Constr. Corp. v. Board of Educ. of City of N.Y. (163 A.D.2d 282 [2d Dept 1990]) plaintiff, in an action to recover damages for breach of contract, placed venue in Kings County based on "the then principal location of the Board." It was the Board of Education in that case which sought a change of venue to New York County pursuant to CPLR 501 based upon the alleged contractual agreement of the parties. The forum selection clause in the contract, however, provided "that any and all claims asserted by or . . . against the City of New York arising under the Contract or related thereto shall be heard and determined . . . in the courts . . . located in the City and County of New York." (At 283.) The Appellate Division held that since the defendant Board was not named in this forum selection clause, CPLR 501 was not applicable, and denied the Board's motion.