Morris Farber, as Administrator of the Estate of Ann Smolack v. Robert Smolack

Summary

The New York Court of Appeals reversed the dismissal and ordered a new trial, holding that New York’s permissive‑use vehicle liability statute and its wrongful‑death statute apply to an accident that occurred in North Carolina because the parties and the vehicle have their most significant contacts with New York. The court applied New York law rather than North Carolina law to the owner’s liability.