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Janssen v. Ryder Truck Rental, Inc.

Appellate Division of the Supreme Court of New York, First Department
Jan 13, 1998
246 A.D.2d 364 (N.Y. App. Div. 1998)

Summary

holding that § 388 applies though none of the parties domiciled in lex loci delicti, New Jersey

Summary of this case from ROBERTS v. XTRA LEASE, INC.

Opinion

January 13, 1998

Appeal from the Supreme Court, New York County (Barbara Kapnick, J.).


Since Vehicle and Traffic Law § 388 is a loss-allocating rule, as to which the jurisdiction of the parties' domiciles has paramount interest ( Schultz v. Boy Scouts, 65 N.Y.2d 189, 197), and since the statute is consistent with the law of all of the parties' domiciles, the court properly concluded that New York law, rather than that of New Jersey, the locus of the accident, should govern. Application of section 388 would thus be consistent with the parties' expectations ( Diehl v. Ogorewac, 836 F. Supp. 88, 92-94), and since none of the parties is domiciled in New Jersey, that State will neither be benefitted nor burdened by the outcome of this litigation. Under these circumstances, the fact that the parties are domiciled in different States does not require application of the law of the locus of the accident as a "tie-breaker". We have considered defendants' remaining arguments and find them to be without merit.

Concur — Sullivan, J.P., Milonas, Ellerin, Nardelli and Mazzarelli, JJ.


Summaries of

Janssen v. Ryder Truck Rental, Inc.

Appellate Division of the Supreme Court of New York, First Department
Jan 13, 1998
246 A.D.2d 364 (N.Y. App. Div. 1998)

holding that § 388 applies though none of the parties domiciled in lex loci delicti, New Jersey

Summary of this case from ROBERTS v. XTRA LEASE, INC.

finding that Section 388 is loss-allocating rule and thus "the jurisdiction of the parties' domiciles has paramount interest"

Summary of this case from Li Fu v. Hong Fu

applying § 388 despite fact that accident occurred in New Jersey because all of the parties were domiciled in New York

Summary of this case from ROBERTS v. XTRA LEASE, INC.
Case details for

Janssen v. Ryder Truck Rental, Inc.

Case Details

Full title:ROYAL JANSSEN, Respondent, v. RYDER TRUCK RENTAL, INC., et al., Appellants

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

Date published: Jan 13, 1998

Citations

246 A.D.2d 364 (N.Y. App. Div. 1998)
667 N.Y.S.2d 369

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