first Neumeier rule (New York) · Go Syfert
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first Neumeier rule in New York

7 New York opinions name it 2 courts 2000–2011 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Cooney v. Osgood Machinery, Inc.green
ny · 1993 · cited in 5 New York opinions naming this issue, 2000–2011
2 sentences

2011The first Neumeier principle pertains where the parties share a common domicile, and provides that the law of the parties’ domicile controls in that instance (see Cooney, 81 NY2d at 73 ; Neumeier, 31 NY2d at 128 ).

2010The first Neumeier rule provides that, if the parties to the lawsuit share a common domicile, as do plaintiffs and the bus defendants, the law of their domicile applies (see Cooney, 81 NY2d at 74 ; Schultz v Boy Scouts of Am., 65 NY2d 189 , 199-200 [1985]).

35
Neumeier v. Kuehnergreen
ny · 1972 · cited in 5 New York opinions naming this issue, 2000–2011
2 sentences

2011Under the first Neumeier rule, when the driver and passenger are domiciled in the same state, and the vehicle is registered there, the law of their shared jurisdiction controls ( 31 NY2d at 128 ).

2011The first Neumeier principle pertains where the parties share a common domicile, and provides that the law of the parties’ domicile controls in that instance (see Cooney, 81 NY2d at 73 ; Neumeier, 31 NY2d at 128 ).

15
Dorsey v. Yantambwegreen
nyappdiv · 2000 · cited in 3 New York opinions naming this issue, 2001–2010
2 sentences

2010With respect to plaintiffs and the bus defendants, we conclude that the first Neumeier rule shall apply (see Schultz, 65 NY2d at 201; Dorsey, 276 AD2d at 111 ).

2001(See, Dorsey v Yantambwe, 276 AD2d 108 ; Weisberg v Layne-New York Co., 132 AD2d 550, 551-552 .) Thus, Avis argues that this is a common domicile case, invoking the first Neumeier rule, rather than a split domicile situation and that since the parties are all New York domiciliarios, New York law should be applied.

13

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Padula v. Lilarn Properties Corp. green
ny · 1994
2 sentences

2001Corp., supra, 84 NY2d at 522 ; see, Cooney v Osgood Mach., supra, 81 NY2d at 73.) The parties are domiciled in New York. 3 While Avis is a Delaware corporation, it maintains its principal place of business in New York and is therefore considered a New York domiciliary for choice of law purposes.

2001Corp., 84 NY2d 519 .) Under the first Neumeier rule, “[w]here the conflicting rules at issue are loss allocating and the parties to the lawsuit share a common domicile, the loss allocation rule of the common domicile will apply.” (Padula v Lilarn Props.

22000–2001
Weisberg v. Layne-New York Co. green
nyappdiv · 1987
1 sentence

2001(See, Dorsey v Yantambwe, 276 AD2d 108 ; Weisberg v Layne-New York Co., 132 AD2d 550, 551-552 .) Thus, Avis argues that this is a common domicile case, invoking the first Neumeier rule, rather than a split domicile situation and that since the parties are all New York domiciliarios, New York law should be applied.

12001–2001

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