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COONEY v. OSGOOD MACH.

81 N.Y.2d 66 (1993)

Dennis J. Cooney, Plaintiff, v. Osgood Machinery, Inc., Defendant and Third-Party Plaintiff-Appellant. Paul Mueller Company, Third-Party Defendant-Respondent; Hill Acme Company, Third-Party Defendant-Appellant, et al., Third-Party Defendants.

Court of Appeals of the State of New York.

Decided March 25, 1993.

Attorney(s) appearing for the Case

Smith, Murphy & Schoepperle, Buffalo (Victor Alan Oliveri and Bonnie T. Hager of counsel), for defendant and third-party plaintiff-appellant.

Bouvier, O'Connor, Buffalo (Chris G. Trapp of counsel), for third-party defendant-appellant.

Hurwitz & Fine, P. C., Buffalo (Sheldon Hurwitz of counsel), for third-party defendant-respondent.

Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur.

Chief Judge KAYE.

The issue on this appeal is whether a Missouri statute barring contribution claims against an employer — which conflicts with New York law permitting such claims — should be given effect in a third-party action pending here. Applying relevant choice of law principles, we conclude that the Missouri workers' compensation statute should be given effect, and therefore affirm the dismissal...

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