Whether one is an international, federal or New York state court practitioner, when one thinks of “choice of law,” what most often comes to mind are issues of interstate or international jurisprudence, most notably the question of which jurisdiction’s law determines the underlying substantive legal issues that will ultimately determine the outcome of the case. But there is also a very real choice of law issue that affects New York state cases involving New York state law.
Is an Appellate Division decision from one of the four New York state judicial departments binding on the trial courts of the other judicial departments, where the appellate divisions of those other judicial departments have not yet spoken on the subject issue?
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