Legal Question in Civil Litigation in New York

General hypo--these are all the facts i have

Accident occurred in 2006 in State A

plaintiff at time lived and still lives in State B

Defendant at time of accident lived in State C but now lives in State B

In 2008, plaintiff sues defendant in State B court for personal injury from 2006 accident

Which state's statute of limitations applies.


Asked on 9/10/08, 11:54 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: General hypo--these are all the facts i have

Based on your question, I will assume that State B is NY.

Lex loci delicti (the location of the wrong) remains the general rule for choice of law in tort cases in New York State. It is displaced only in extraordinary circumstances.

Therefore, without any further information, I believe that State B (NY) should use the law in State A to adjudicate the claim.

Mike.

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Answered on 9/10/08, 12:55 pm


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