Government Employees Insurance v. Sheerin

Hopkins, J. P.

(concurring in part and dissenting in part). I agree with the majority that the plaintiff’s attorney did not inform the court what the law of New Jersey is in relation to this litigation. Indeed, after saying that he "would assume that Jersey law would be controlling in this case”, the trial transcript indicates that the plaintiff’s attorney cited no New Jersey statutes or cases to the court, but apparently cited section 313 of the Vehicle and Traffic Law and section 167 of the Insurance Law, and a New York case to the court (Matter of Leatherby Ins. Co. v Scott, 51 AD2d 519).…