Opinion
July 10, 1967
Defendants appeal from an order of the Supreme Court, Westchester County, dated February 8, 1967, granting plaintiff executrix' motion to dismiss the third partial defense alleged in defendants' answers, pursuant to CPLR 3211 (subd [b]). Order affirmed, with $10 costs and disbursements. It is the view of this court that, this action having been brought in the State of New York, plaintiff is not limited to the amount of recovery permitted under the Maine statute as it existed at the time of the accident. The New York State constitutional proscription against limitation of the amount of recovery in death actions involving New York State residents applies (N.Y. Const., art. I, § 16). New York's public policy prohibiting the imposition of limits on such damages is strong and clear, and New York will treat the question as to the measure of damages in this case as being a procedural or remedial question controlled by our own State policies ( Kilberg v. Northeast Airlines, 9 N.Y.2d 34). Christ, Acting P.J., Brennan, Hopkins, Munder and Nolan, JJ., concur.