New York residents Thomas Ofori and Creisha Green--both driving New York State registered vehicles--were in a New Jersey accident.
After Thomas sued, and the Bronx County Supreme Court denied Creisha's dismissal request, an appeal followed.
While New York's no-fault statute -- Insurance Law ยง 5104(a) -- requires a party to show that a "serious injury" was suffered in a car accident, the Appellate Division, First Department, thought that legislation couldn't be given "extraterritorial effect" and applied to an out-of-state accident. (The court also rejected the application of New Jersey's no-fault law since none of the vehicles were registered or "principally garaged" there.)
Creisha must have turned Green.
To view a copy of the Appellate Division's decision, please use this link: Ofori v. Green