New York resident Karen Begley sued Forum School, a New Jersey charitable institution, for her son's wrongful death after the child suffered a severe allergic reaction to various substances while in the school's care..
When the defendant asked for the case's dismissal, on the grounds it was immune from suit under New Jersey law, the Richmond County Supreme Court denied that request.
The New Jersey statute -- which provides that a nonprofit organization exclusively established for educational purposes isn't liable for damages caused by its own negligence -- conflicted with New York law, which abolished "charitable immunity" some fifty years ago.
On appeal, the Appellate Division, Second Department, noted that when a conflict of law problem arises the issue is usually resolved by applying the law where the injury occurred.
However, since enforcing that "foreign" statute would violate our state's public policy, the AD2 affirmed the lower court's refusal to give Forum Schools a pass.
The Garden State got a good pruning there.
To view a copy of the Appellate Division's decision, please use this link: Begley v. City of New York