Rye v. Kolter

Order unanimously affirmed, with costs. Memorandum: Plaintiff’s intestate, an Ontario resident, was fatally injured while a passenger in an automobile owned by an Ontario resident and operated by another Ontario resident in an accident which occurred in New York State with an. automobile owned and operated by a New York resident. ]f Special Term held that section 388 of the Vehicle and Traffic Law which provides that, “Every owner of a vehicle used or operated in this state shall be liable and responsible for death or injuries * * * resulting from negligence ” prevented the Canadian defendant…