DISTEFANO v. KMART CORPORATION INTERNATIONAL

5928, 101657/08

89 A.D.3d 459 (2011)

931 N.Y.S.2d 875

2011 NY Slip Op 7724

ANA DISTEFANO, Plaintiff, v. KMART CORPORATION INTERNATIONAL, Appellant, and THYSSENKRUPP ELEVATOR CORPORATION, Respondent, et al., Defendant.

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

Decided November 3, 2011.


There is no conflict between New York and Michigan law on the issue presented. Thus, the dispute of which state's law should be applied need not be resolved by this Court (see Matter of Allstate Ins. Co. [Stolarz—New Jersey Mfrs. Ins. Co.], 81 N.Y.2d 219, 225 [1993]; Uygur v Superior Walls of Hudson Val., Inc., 35 A.D.3d 447, 448 [2006]...

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