Legal Opinion

Guay v. Winner

New York Supreme Court

Decided March 31, 1992PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Jan H. Plumadore, J.

Vehicle and Traffic Law § 509 (4) imposes liability for unlicensed operation on the operator and on any "person [who] shall knowingly authorize or permit a motor vehicle owned by him or in his charge to be operated in violation of subdivisions one, two or three of this section.” (It is undisputed that title to this motorcycle had passed from the dealer, Sportline, to defendant Winner at or before he took delivery of it, i.e., before he operated it on the public highway.)

Sportline was under no duty to make inquiry of defendant Winner’s companion, the…

2Cases cited10 opinions

  1. Nolechek v. GesualeNew York Court of Appeals · 1978
  2. Kahlenberg v. GoldsteinCourt of Appeals of Maryland · 1981
  3. Golembe v. BlumbergAppellate Division of the Supreme Court of the State of New York · 1941
  4. Costa v. HicksAppellate Division of the Supreme Court of the State of New York · 1983
  5. Bugle v. McMahonAppellate Division of the Supreme Court of the State of New York · 1942

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3Cited by1 opinion

  1. National Convenience Stores, Inc. v. T.T. Barge Cleaning Co.Court of Appeals of Texas · 1994

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