In Marillo v. Benjamin Moore & Co. (32 AD3d 1313, 822 N.Y.S.2d 195 [4th Dept 2006]), New York plaintiff was injured while unloading a truck of the defendant in Ontario, Canada. New York and Canada laws conflicted with respect to the cap on the amount of non-economic damages. The court ruled that New York law rather than Ontario law applies to plaintiff's claim because Ontario had no interest in applying its limitation on damages law in an action between non-domiciliaries.