MARTIN v. DIERCK EQUIP. CO.


43 N.Y.2d 583 (1978)

Dwight C. Martin, Appellant, v. Julius Dierck Equipment Co. et al., Respondents. Raymond Corporation, Third-Party Plaintiff, v. Western Electric Corp., Third-Party Defendant.

Court of Appeals of the State of New York.

Decided January 18, 1978.


Attorney(s) appearing for the Case

Seymour Armstrong and Lawrence M. Rosenberg for appellant.

Jeffrey Silberfeld for Julius Dierck Equipment Co., respondent.

Sidney A. Schwartz and John T. McDonald for Raymond Corporation, respondent.

Chief Judge BREITEL and Judges JONES and WACHTLER concur with Judge JASEN; Judge GABRIELLI dissents in part and votes to modify in a separate opinion in which Judges FUCHSBERG and COOKE concur.


JASEN, J.

The novel question posed by this appeal is whether, for purposes of CPLR 202, plaintiff's causes of action for personal injury accrued in the jurisdiction in which he was injured or in the jurisdiction in which the vehicle alleged to have caused the injury was delivered.

Plaintiff, a resident of the District of Columbia, was injured in Arlington, Virginia...

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