Rice v. Spencer

This is a motion under 3025 of the CPLB in which the plaintiffs move to amend their complaint by the addition of a paragraph alleging negligence against the defendant, absentee owner, Valley Motors, Inc., in permitting the defendant, driver, to operate its automobile after notice of the fact that the defendant driver was incompetent and unfit to operate said automobile.

*332The question before this court is whether an owner maybe held liable exclusively under section 388 of the Vehicle and Traffic Law, or whether, in the absence of consent on the part of the owner rendering that section…