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THOMAS v. HANMER

109 A.D.2d 80 (1985)

Lewis Thomas et al., Respondents, v. Seward Hanmer et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 4, 1985

Attorney(s) appearing for the Case

Gough, Skipworth, Summers, Eves & Trevett (Thomas E. Lenweaver of counsel), for appellants.

Johnson, Mullan, Brundage & Keigher, P. C. (Samuel G. Brundage of counsel), for respondents.

CALLAHAN, J. P., BOOMER, O'DONNELL and PINE, JJ., concur.

GREEN, J.

We must decide whether the availability of relief in this negligence action is governed by the law of the State of New York which permits a plaintiff to recover for pain and suffering for "serious injury" (Insurance Law § 5104 [a]), or by the law of the Province of Quebec, Canada, which restricts recovery to economic loss (Quebec Rev Stats 1977, ch 68; Automobile Insurance Act §§ 4, 44). Stated another way, should the parties...

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