Premises Liability – New Jersey substantive law applies in New York federal court action.
Howard F. Strongin successfully argued that New Jersey law should apply in Borges v. Heldrich Assocs., et al., United States District Court, Eastern District of New York.
Plaintiff, a New York domiciliary, alleged severe burn injuries as a result of the alleged negligence of Defendant Heldrich, a New Jersey domiciliary, and Defendant BMC, a Texas domiciliary. The accident occurred at a restaurant operated in Defendants hotel located in New Jersey. Under the principles set forth by the Court of Appeals of New York in Neumeier, New Jersey law applies as between Plaintiff and both Defendants to all loss-allocating issues.