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EDWARD J. RYAN, Plaintiff-Respondent, v. ALEX R. SOBOLEVSKY, Defendant-Respondent, TOWHEE CAB CORP., ET AL., Defendants, KEY BANK USA, Defendant-Appellant.

The motion court correctly found that defendant-appellant Key Bank is an owner of the car involved in the subject accident for purposes of Vehicle and Traffic Law § 388. When defendant-respondent driver leased the car, the lease was immediately assigned to Key Bank, which assumed the original lessor's "right and interest in the within Lease, [and] the Vehicle." Further, the certificate of title is in the bank's name. Since Vehicle and Traffic Law § 388, "simply says `every owner' shall be liable for injuries * * * resulting from the negligence of any person using the vehicle with the permission of such owner" ( see Hassan v. Montuori, 99 N.Y.2d 348, 353), appellant bank is an "owner" under that statute, regardless of its additional status as a secured creditor in the context of the lease transaction. If the bank had retained no more than a security interest in the car, it would not be an "owner" within the statutory definition ( see Vehicle and Traffic Law § 388), but plainly the bank, as assignee of the original lessor, retained a significantly greater property interest in the vehicle and was thus properly deemed an "owner" under the statute.

We have considered defendant-appellant's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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RYAN v. SOBOLEVSKY
(Feb 24, 2004)