New York Court of Appeals
Arthur Argentina, Appellants v. Emery World Wide Delivery Corp., Defendant and Third-Party…
July 1, 199993 N.Y.2d 554
Summary
The New York Court of Appeals held that loading and unloading a vehicle constitute "use or operation" under Vehicle and Traffic Law §388(1), making the vehicle's owner vicariously liable for injuries caused by a permissive user's negligence, and that the vehicle itself need not be the proximate cause of the injury.