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TIKHONOVA v. FORD MOTOR CO.

10 A.D.3d 185 (2004)

779 N.Y.S.2d 47

SVETLANA TIKHONOVA, Appellant, v. FORD MOTOR COMPANY et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

June 22, 2004.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, New York City (Brian J. Isaac, Alisa Lebensohn and Sherman & Basichas, LLP, of counsel), for appellant.

Nixon Peabody, LLP, Garden City (Santo Borruso and Joseph J. Ortego of counsel), for respondents.

Lerner and Marlow, JJ., concur with Saxe, J.P.; Williams, J., dissents in a separate opinion.

OPINION OF THE COURT

SAXE, J.P.

Since 1924, the laws of this State have unequivocally provided that the owner of a motor vehicle shall be liable for the negligence of its driver (see Vehicle and Traffic Law § 388, formerly Vehicle and Traffic Law § 59, formerly Highway Law § 282-e [eff July 1, 1924]). In view of the strong public policy this statute represents, we decline to shield defendant car owners from suit simply because the negligent...

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