WOSNER v. ELRAC INCORPORATED


48 A.D.3d 274 (2008)

851 N.Y.S.2d 192

MOSHE WOSNER, Respondent, v. ELRAC INCORPORATED, Appellant, et al., Defendants. (And a Third-Party Action.)

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

Decided February 14, 2008.


The court properly determined that New York law controls in this action where plaintiff is alleged to have sustained serious injuries when the automobile in which he was a passenger, and which was being operated by defendant Leibowitz, was involved in an accident in New Jersey with a vehicle owned and driven by defendant O'Brien, a Pennsylvania resident. The record establishes that plaintiff and Leibowitz are both New York domiciliaries, and when the driver-host and the passenger...

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