Conflict of law.

The First Department affirmed that New York law controls where plaintiff allegedly sustained serious injuries when the automobile in which he was a passenger was involved in an accident in New Jersey with a vehicle owned and driven by a Pennsylvania resident, in Wosner v. Elrac, Inc., which was decided on February 14, 2008. Plaintiff was riding in a car which was registered and insured in New Jersey under a long-term rental agreement with its defendant-owner, a Delaware corporation with its headquarters in New Jersey. The vehicle's defendant-driver primarily used, garaged and drove the vehicle in New York, and at the time of the accident, he and plaintiff were traveling between two New York locations, and just happened to pass briefly into New Jersey due to a fortuitous circumstance.

Practice point: Where, as here, the driver-host and the passenger-guest are New York domiciliaries, New York law generally controls.