DiStefano v. Kmart Corp. International

There is no conflict between New York and Michigan law on the issue presented. Thus, the dispute of which state’s law should be applied need not be resolved by this Court (see Matter of Allstate Ins. Co. [Stolarz — New Jersey Mfrs. Ins. Co.], 81 NY2d 219, 225 [1993]; Uygur v Superior Walls of Hudson Val., Inc., 35 AD3d 447, 448 [2006]).

The court properly dismissed Kmart’s cross claim for contractual indemnification. The indemnity provision of the parties’ agreement was not triggered by plaintiffs claim because the evidence, which included, inter alia, Kmart’s own expert witness and Department…