Legal Opinion · Dissent

Tikhonova v. Ford Motor Co.

Appellate Division of the Supreme Court of the State of New York

Decided June 22, 2004Published

1Dissent

Williams, J. (dissenting).

I would affirm Bronx Supreme *192Court’s grant of the Ford defendants’ motion for summary judgment dismissing the complaint as against them. The majority position represents a departure from settled New York law that ignores larger policy concerns.

The long-settled policy rationale underlying Vehicle and Traffic Law § 388 (1), which imposes vicarious liability on a New York State vehicle owner “for death or injuries to person or property resulting from negligence in the use or operation of such vehicle ... by any person using or operating the same with the permission,…

2Cases cited7 opinions

  1. Naso v. LafataNew York Court of Appeals · 1958
  2. Continental Auto Lease Corp. v. CampbellNew York Court of Appeals · 1967
  3. Rauch v. JonesNew York Court of Appeals · 1958
  4. Nelson v. GarciaAppellate Division of the Supreme Court of the State of New York · 1989
  5. Kenny v. BacoloNew York Court of Appeals · 1983

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