Opinion
August 1, 1961
Appeal by the State of New York from an order of the Court of Claims denying its motion to dismiss the claim for legal insufficiency. The pleading alleges that claimant was injured and damaged as the result of the negligent operation of an uninsured motor vehicle owned by one Kyer. The theory of liability against the State is the failure of the Commissioner of Motor Vehicles to revoke Kyer's motor vehicle registration after notice of the termination, by cancellation, of his policy of liability insurance had been filed with the Bureau of Motor Vehicles by his insurer. Had revocation been effected, the claim contends, "said automobile truck would not have been on the highway on January 4th, 1958 and the damages complained of by claimant herein would not have been sustained." Paragraph (a) of subdivision 1 of section 93-h (now § 318, subd. 1, par. [a]) of the Vehicle and Traffic Law provided: "The commissioner, upon receipt of evidence that proof of financial security for any motor vehicle registered in this state is no longer in effect shall revoke the registration of such vehicle." Concerned with the rising toll of motor vehicle accidents, the Legislature by this statute — the violation of which is the core of the claim — contemplated the exercise of a governmental function as part of an over-all plan to protect the public at large against loss resulting from injuries and damages occasioned by the negligence of financially irresponsible motorists. (Vehicle and Traffic Law, art. 6-A.) "Neglect in the performance of [the statute's] requirements create[d] no civil liability to individuals." ( Steitz v. City of Beacon, 295 N.Y. 51, 56; Murrain v. Wilson Line, 270 App. Div. 372, affd. 296 N.Y. 845, motion for reargument denied 296 N.Y. 995.) The waiver of immunity by section 8 CTC of the Court of Claims Act which subjects the State to the same liability as individuals or corporations for like acts is of no avail to claimant. The kind of governmental administration provided by this statute is sovereign in character and is completely foreign to any activity which is, or could be, carried on by a private person. ( Weiss v. Fote, 7 N.Y.2d 579, 588, motion for reargument denied 8 N.Y.2d 934; Young v. State of New York, 278 App. Div. 997, affd. 304 N.Y. 677; Newiadony v. State of New York, 276 App. Div. 59; Steitz v. City of Beacon, supra; Murrain v. Wilson, supra.) It was reasonable to expect that the owner would comply with the provisions of the Vehicle and Traffic Law (§ 93-b, subd. 1) by surrendering forthwith to the Commissioner his registration certificate and the number plates of the vehicle upon cancellation of his insurance policy. Thus, in any event, the alleged failure of the Commissioner to revoke the registration of the vehicle was not the proximate cause of the accident ( Rowe v. State of New York, 206 Misc. 1035; Chikofsky v. State of New York, 203 Misc. 646.) Order reversed and motion granted, without costs. Bergan, P.J., Gibson, Herlihy and Taylor, JJ., concur.