Conflict of Laws Flashcards

A New York court is asked to apply a limitation period from another state's statute. The other state's courts call the period 'procedural.' Who decides whether the period is substantive or procedural in New York?

Answer: The New York court decides under its own choice-of-law principles, and the foreign label is not dispositive

When New York is the forum, its own law determines whether a foreign rule is procedural or substantive, and the foreign jurisdiction's designation is not dispositive (Davis v Scottish Re Group Ltd., 30 NY3d 247 [2017]).

In a New York action, the plaintiff sues under Connecticut products liability law. A Connecticut statute bars any product liability claim brought more than ten years after the defendant last parted with possession or control of the product, whether or not an injury has yet occurred. The product left the defendant's control twelve years ago. How should the New York court treat the Connecticut statute?

Answer: As a substantive statute of repose that New York must apply, barring the claim

A time limit that begins before the cause of action accrues, and that is part of legislation supplanting the common law products claim, is a substantive statute of repose that New York applies.

A New York resident is injured in New Jersey, where the personal injury limitation period is two years. The plaintiff sues in New York two and a half years later. CPLR 214(5) gives three years for personal injury. Is the action timely?

Answer: Yes, because the claim accrued in favor of a New York resident, so CPLR 202 applies the New York period

CPLR 202 provides that where a cause of action accrued in favor of a New York resident, the New York limitation period applies.

An Ohio corporation with its principal place of business in Ohio sues a New York defendant in New York for fraud that caused purely economic loss. For purposes of the CPLR 202 borrowing statute, where did the cause of action accrue?

Answer: In Ohio, where the plaintiff resides and sustained the economic injury

When the injury is solely economic, the cause of action accrues in the state where the plaintiff resides and sustains the economic impact of the loss (Global Fin. Corp. v Triarc Corp., 93 NY2d 525 [1999]).

Assume the facts of the Ohio corporation above. The claim is timely under New York's six-year fraud period, but Ohio's period for the same claim has expired. The plaintiff is a nonresident and the cause of action accrued in Ohio. What is the result?

Answer: The action is time-barred, because CPLR 202 requires a nonresident plaintiff to satisfy both New York's period and the period of the place of accrual

Under CPLR 202, a nonresident plaintiff suing on a cause of action that accrued outside New York must meet both New York's and the foreign state's limitation periods, so the action is barred.

A New York court is asked to apply the otherwise applicable law of another state. Under what circumstances may the court refuse under the public policy exception?

Answer: Only when the foreign law would violate a fundamental principle of justice, a prevalent conception of good morals, or a deep-rooted tradition of the common weal

The public policy exception permits a New York court to refuse to enforce otherwise applicable foreign law that would violate some fundamental principle of justice, prevalent conception of good morals, or deep-rooted tradition of the common weal (Loucks v Standard Oil Co. of N.Y., 224 NY 99 [1918]).

A Florida statute gives Florida courts exclusive jurisdiction over a certain type of claim. A plaintiff files such a claim in New York, where the court has personal jurisdiction over the defendant. The defendant argues that the Florida statute divests New York courts of jurisdiction. What is the result?

Answer: The Florida statute does not divest New York courts of jurisdiction, although New York may defer to it as a matter of comity

A rule of another state giving its own courts exclusive jurisdiction over certain cases does not divest New York courts of jurisdiction (Sachs v Adeli, 26 AD3d 52 [1st Dept 2005]).