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LOVE v. LUFT

150 Misc.2d 732 (1991)

Cynthia Love, Plaintiff, v. Gerry Luft, Defendant.

Supreme Court, Rockland County.

April 8, 1991

Attorney(s) appearing for the Case

Marc L. Winogard for plaintiff. Donald L. Frum & Associates for defendant.

JOAN B. LEFKOWITZ, J.

The novel issue presented is whether section 3420 (g) of the Insurance Law limits a suit against the statutorily vicariously liable owner of a motor vehicle (Vehicle and Traffic Law § 388 [1]), where the action is predicated upon alleged spousal negligence but the defendant owner of the vehicle is not a spouse. Stated differently, may a vicariously liable absentee owner of a motor...

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