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COUNTRY-WIDE v. NATL RR CORP

6 N.Y.3d 172 (2006)

844 N.E.2d 756

811 N.Y.S.2d 302

COUNTRY-WIDE INSURANCE COMPANY, Appellant, v. NATIONAL RAILROAD PASSENGER CORPORATION, Also Known as AMTRAK, Respondent. HUI HAW So et al., Plaintiffs.

Court of Appeals of the State of New York.

Decided February 14, 2006.

Attorney(s) appearing for the Case

Jaffe & Nohavicka, New York City (Joseph D. Nohavicka of counsel), for appellant.

Landman Corsi Ballaine & Ford P.C., New York City (William G. Ballaine and Rochanne Sharei of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, GRAFFEO and R.S. SMITH concur; Judge READ taking no part.

OPINION OF THE COURT

ROSENBLATT, J.

The United States Court of Appeals for the Second Circuit has certified to us questions relating to section 388 of the Vehicle and Traffic Law. That section holds vehicle owners vicariously liable for the negligence of those whom they allow to drive their vehicles (Tikhonova v Ford Motor Co., 4 N.Y.3d 621, 623 [2005]). The certification...

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