In a wrongful death action arising from a highly publicized 2018 helicopter crash in the East River that killed five, a group of defendants that includes Liberty Helicopters Inc. moved for an order holding that New Jersey law applies to plaintiffs’ tort claims based on a contractual pre-flight liability waiver signed by plaintiff decedent before the fatal flight.

Manhattan Supreme Court Justice James d’Auguste denied the motion, holding that New York law applies to plaintiff’s tort claims, as a “choice-of-law” provision in the pre-flight liability waiver does not apply to tort claims per New York law.

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