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SHAW v. CAROLINA COACH

2009-10926.

82 A.D.3d 98 (2011)

918 N.Y.S.2d 120

FREDERICK J. SHAW, Respondent, v. CAROLINA COACH, Individually and Doing Business as CAROLINA TRAILWAYS, et al., Appellants, and Estate of LILLIAN BROWN, Deceased, Respondent.

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

Decided March 1, 2011.

Attorney(s) appearing for the Case

Fabiani Cohen & Hall, LLP, New York City ( Michele V. Ficarra of counsel), for appellants.

The Cochran Firm, New York City ( Paul A. Marber and Gerard A. Lucciola of counsel), for Frederick J. Shaw, respondent.

Epstein Harms & McDonald, New York City ( Michael A. Buffa and Bruce Roth of counsel), for Estate of Lillian Brown, respondent.

DICKERSON, ENG and LOTT, JJ., concur.

OPINION OF THE COURT

SKELOS, J.P.

The question presented on this appeal is which state's law regarding the issue of joint and several liability—that of New York or that of New Jersey—applies to the plaintiff's New York action to recover damages for personal injuries insofar as asserted against certain defendants who are neither domiciled in New York nor in New Jersey.

The plaintiff, a New York resident, allegedly was seriously injured...

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