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DORSEY v. YANTAMBWE

276 A.D.2d 108 (2000)

715 N.Y.S.2d 566

J.B. DORSEY et al., as Administrators of the Estate of DIMONEKENE L. MPUTU, Deceased, Respondents-Appellants, v. NICOS K. YANTAMBWE, Respondent, and RAPID RENTALS, INC., Appellant-Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 13, 2000.

Attorney(s) appearing for the Case

Patrick Francis Macrae, Syracuse, for appellant-respondent.

Smith Sovik Kendrick Sugnet, P. C., Syracuse (Theresa N. McCorry of counsel), for respondent.

Kenny & Kenny, Syracuse (Jason A. Richman of counsel), for respondents-appellants.

PIGOTT, JR., P.J., and SCUDDER, J., concur with WISNER, J.; LAWTON, J., dissents in part and votes to affirm in a separate opinion.

OPINION OF THE COURT

WISNER, J.

This wrongful death action, which arises from a single-car accident in the Town of Preble involving a vehicle rented in the District of Columbia, presents a choice of law issue. Although New York was the place of the alleged tort, all other significant contacts are with Virginia and the District of Columbia. Plaintiffs contend that the law of New York applies, and they seek to hold the rental car company, defendant Rapid Rentals...

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