Reviewed September 7, 2026.
In HVS, LLC v. Fortney & Weygandt, Inc., 49 Misc 3d 1143 (2015), Supreme Court, Rockland County, rejected an Ohio dispute-location clause for electrical work on a New York project. The court directed arbitration in New York and stayed the lien-foreclosure action.
This was a trial-court decision, not an appellate ruling. Its rejection of the Federal Arbitration Act argument depended on the record presented, including the local work and absence of evidence establishing the asserted interstate connection. It should not be read as deciding every federal preemption question.
Check current statutory coverage
General Business Law § 757 addresses foreign law and dispute proceedings outside New York for covered construction contracts, subject to its stated exception. The relevant statute is the General Business Law, not the General Obligations Law.
Review coverage under § 756, the contract date, forum language and any applicable federal law. Disputing the forum does not excuse missing a lien, bond or contract deadline.
Kushnick Pallaci PLLC assists clients throughout New York with construction arbitration and dispute resolution. Contact 631-752-7100 or vtp@kushnicklaw.com.
Attorney Advertising. General information, not legal advice.
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