Practice point: Where there is a true conflict between the laws of New Jersey and New York, and each jurisdiction favors its own domiciliary, the law of the place of the injury ordinarily controls.
Practitioners should note that the Court may apply the exception to this rule (1) if there were sufficient contacts of the parties, the incident, and New York, or (2) if enforcing New Jersey law would violate New York’s public policy, its Constitution or its judicial decisions.
Case: Begley v. City of New York, NY Slip Op 03856 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Labor Law.
You will find another instructive case here.
