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MUSSO v. HSING WEI CHIEN

2735, 110519/05, 2736, 116253/05

73 A.D.3d 466 (2010)

905 N.Y.S.2d 129

ROBERT J. MUSSO, as Trustee of the Bankruptcy Estate of TONG LIN WU, Debtor, Respondent-Appellant, v. HSING WEI CHIEN et al., Respondents, and DANIEL FERNANDEZ, Appellant. HSING CHIEN WEI et al., Respondents, v. DANIEL FERNANDEZ, Appellant.

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

Decided May 6, 2010.

As Fernandez plainly admitted at his deposition that he was a resident of New York at the time of the accident, and as it is undisputed that all other parties resided in New York at the time of the accident, and as the law in issue, that of comparative negligence, is allocative in nature (see Burnett v Columbus McKinnon Corp., 69 A.D.3d 58, 61 [2009]), New York law applies (see Padula v Lilarn Props. Corp., 

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