New York Supreme Court June 27, 2005 (Gaines v. City of New York)

*969OPINION OF THE COURT

Paul A. Victor, J.

Issue Presented

When a plaintiff is injured through the use of a vehicle owned by the City of New York but operated by the New York City Transit Authority, is the defendant City liable by virtue of its ownership of the vehicle pursuant to Vehicle and Traffic Law § 388? The issue appears to be one of first impression in this state.