Lilienthal v. Kaufman

I am unable to agree with the conclusion of the majority.

“Public policy” as a basis for decision has an 'overtone of predestination which sometimes tends to limit analysis. See Paulsen and Sovem, “Public Policy” in the Conflict of Laws, 56 Colum L Rev 969, 988 (1956). In a situation in which the law of the forum differs from the law of the jurisdiction having the majority of contacts with the transaction, the invocation of “public policy” may also produce a result that is contrary to generally accepted principles. 56 Colum L Rev at 988.

In Loucks v. Standard Oil Co., 224 NY 99, 120 NE 198…