Avid Equities, Ltd. v. Commerce & Industry Insurance

As a matter of discretion, pursuant to law of the case principles, we give effect to the IAS Court’s prior unappealed determination that New York law applies. Moreover, we agree that this is a matter of loss allocation and contract, rather than a tort case or a case involving conduct regulation, such that the grouping of contacts analysis applies. All of the most significant contacts were with New York (see, Matter of Travelers Indem. Co. [Levy], 195 AD2d 35, 38-39).

Summary judgment was properly denied since appellants have not sustained their initial burden of proving a fortuitous loss,…