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H. SAND CO., INC., Respondent, v. TISHMAN CONSTRUCTION CORPORATION OF NEW YORK, Appellant.

Ordered that the order is affirmed, with costs.

The subcontract into which the parties entered neither expressly provided for a choice of forum nor incorporated by reference the choice of forum clause contained in the prime contract (see, Gangel v. DeGroot, 41 N.Y.2d 840).

We have reviewed the appellant's remaining contentions and conclude that they are without merit. Thompson, J.P., Balletta, Rosenblatt and Eiber, JJ., concur.

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H. SAND v. TISHMAN CONSTR. CORP. OF NEW YORK
(Mar 29, 1993)