BURNETT v. COLUMBUS McKINNON

1175 CA 09-00016

69 A.D.3d 58 (2009)

2009 NY Slip Op 7300

887 N.Y.S.2d 405

DOUG BURNETT et al., Respondents, v. COLUMBUS McKINNON CORPORATION, Appellant.

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

Decided October 9, 2009.


Attorney(s) appearing for the Case

Amigone, Sanchez, Mattrey & Marshall, LLP, Buffalo (Richard A. Clack of counsel), for appellant.

Brady & Schaefer, LLP, Amherst, and Hovde Dassow & Deets LLC, Indianapolis, Indiana (Nicholas C. Deets of the Indiana bar, admitted pro hac vice, of counsel), for respondents.

MARTOCHE, J.P., CENTRA, PERADOTTO and GREEN, JJ., concur.


OPINION OF THE COURT

FAHEY, J.

The primary issue before us on this appeal is whether Supreme Court erred in granting plaintiffs' motion for an order applying the substantive law of New York in this personal injury action. We conclude that the court should have determined that the substantive law of Indiana applies to this action, and we thus conclude that the order should be reversed and that defendant's motion seeking that relief should be granted.

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