Justice Bernice Siegal
Used car dealership Alpha Acceptance moved for summary judgment arguing there was no liability against it in this action arising from an automobile accident. Pedestrian Torres was struck by a vehicle owned by Machuca, and operated by Ramnarain. Machuca brought the vehicle to Ramnarain’s body shop for repair after a prior accident, but the vehicle was never repaired, and remained in the shop for over two years. Ramnarain placed a lien on the car. Alpha’s president, Toporek, offered to sell the car and told a shop employee to take it for a road test, placing Alpha plates on the car. Alpha claimed it did not own the vehicle at the time of the accident as it was still owned by Machuca. The court stated the Vehicle and Traffic Law provided that no person would authorize a license plate issued for one vehicle to be displayed on any other vehicle. It noted a dealer was not permitted to affix its plates on cars the dealership did not own. Alpha argued it was not the proximate cause of Torres’ injuries, but VTL §388 imposed liability on the owner of a vehicle based on the negligence of the one operating it with the owner’s express or implied consent. Thus, as the liability of the parties was yet to be determined, Alpha’s motion was denied.
