Marianne Hassan,
Appellant,
et al.,
Plaintiffs,
v.
Anthony Montuori, et al.,
Defendants,
Hendel Products, Inc,. et al.,
Respondents.
2003 NY Int. 12
Plaintiff, Marianne Hassan, was employed by Hendel Products, Inc. Pursuant to that employment, Hendel provided her with a company vehicle, leased from First Union Auto Finance, Inc., for business and personal use. Plaintiff used the vehicle for approximately two years prior to the accident that gives rise to this lawsuit.
On May 25, 1997 , plaintiff was a passenger in the
vehicle which was driven by her husband. Hendel and First Auto
do not dispute that plaintiff's husband had their permission to
Plaintiff brought an action pursuant to Vehicle & Traffic Law § 388 against First Union and Hendel as owners of the vehicle in which she was a passenger.[1] Hendel and First Union moved for summary judgment, asserting that plaintiff as a co- owner of the vehicle was ineligible to collect damages from them. Supreme Court denied the motion. A divided Appellate Division modified the trial court's order and granted summary judgment in favor of both Hendel and First Union, concluding that plaintiff was a statutory owner of the vehicle due to her exclusive possession of the car for two years, and that, as such, she could not maintain an action against co-owners under Vehicle & Traffic Law § 388. We granted leave and now reverse.
Vehicle & Traffic Law § 388 provides:
"Every owner of a vehicle used or operated in this state shall be liable and responsible for death or injuries to person or property resulting from negligence in the use or operation of such vehicle, in the business of such owner or otherwise, by any person using or operating the same with the permission, express or implied, of
such owner."
Under Vehicle & Traffic Law § 128, the applicable definition of owner includes any lessee or bailee of a motor vehicle or vessel having the exclusive use thereof, under a lease or otherwise, for a period greater than thirty days.
Vehicle & Traffic Law § 388 was enacted to ensure access by injured persons to a financially responsible [party] against whom to recover for injuries and to change th[e] common-law rule and to impose liability upon the owner of a vehicle 'for the negligence of a person legally operating the car with the permission, express or implied, of the owner'***" ( Morris v Snappy Car Rental, Inc., , 84 NY2d 21, 27 1994] [citation omitted]).
Assuming without deciding that plaintiff is a statutory
owner, we hold that she is not precluded from bringing a section
388 claim against other statutory owners. Focusing on the
language of the statute, there is no limitation of the class of
possible plaintiffs to non-owners. The statute simply says
every owner shall be liable for injuries to person or
property resulting from the negligence of any person using the
vehicle with the permission of such owner. Defendants Hendel and
First Union are owners who do not dispute that they permitted the
person whose alleged negligence caused plaintiff's injury to
drive their vehicle. Thus, regardless of whether plaintiff is
also an owner, the fact that her husband operated the vehicle
Accordingly, the order of the Appellate Division, insofar as appealed from, should be reversed, with costs, the motion by the defendant First Union Auto Finance, Inc. for summary judgment denied, that branch of the motion of the defendant Hendel Products, Inc. for summary judgment dismissing the complaint denied and the certified question answered in the negative.
1 Plaintiff also brought suit against the driver of the truck, alleging that he was intoxicated at the time of the accident, against the bar that served him, and against two property owners and their landscaper, claiming that their hedges obscured the view of the operators of the vehicles involved in the accident.