Dancor Construction, Inc. v. FXR Construction, Inc.

Plaintiff construction company brought breach-of-contract and tort claims related to construction project in New York, and filed in Kane County pursuant to forum-selection clause in parties' contract.Court properly found that New York law rendered forum-selection clause void and unenforceable and that New York was the only proper forum. Under choice of law principles, application of Illinois law would be contrary to a fundamental New York policy, and New York has a materially greater interest than Illinois in determination of this issue. Thus, court properly dismissed case so that it may be refiled in New York. (SCHOSTOK and McLAREN, concucrring.)