The New York Court of Appeals will hear oral arguments this month on an issue that falls within the interstices of Vehicle and Traffic Law sec. 388.  In Tikhonova v. Ford Motor Comp., the First Department addressed the following issue: Whether the registered owner of an automobile, who would normally be liable for the negligence of the car’s driver under sec. 388 is protected by the driver’s diplomatic immunity.  The Appellate Division, First Department held that the registered owner and long-term lessor held that the owner could be held liable in spite of the driver’s immunity.

The First Department granted leave to appeal to the Court of Appeals on the issue.