N.Y. General Business Law § 251: Liability of an owner of aircraft

§ 251. Liability of an owner of aircraft. 1. Except as provided in

subdivision three every owner of an aircraft shall be liable and

responsible for death occasioned or injuries to person or property

sustained, within or above this state, as a result of the use or

operation of the aircraft in the business of the owner or otherwise, by

any person using or operating the aircraft with the permission, express

or implied, of such owner, in any case where the person using or

operating the aircraft, or his estate, would be liable for such death or

injuries.

2. As used in this section, "owner" means any person (other than a

lien holder or, in the cases hereinafter described, a secured party)

having the property in or title to an aircraft, and also any lessee or

bailee having the exclusive use thereof, under a lease or otherwise, for

a period of thirty days or more, and their liability under this section,

where both are liable, shall be joint and several. If an aircraft be

sold under a contract which reserves a security interest in the aircraft

in favor of the vendor, such vendor or his assignee shall not, after

delivery of such aircraft, be deemed an owner within the provisions of

this section, but the vendee or his assignee, receiving possession

thereof, shall be deemed such owner notwithstanding the terms of such

contract, until the vendor or his assignee shall retake possession of

such aircraft. A secured party in whose favor there is a security

interest in an aircraft out of his possession shall not, by reason of

such security interest, be deemed an owner within the provisions of this

section.

3. Subdivision one of this section shall not apply where the

permission to use or operate the aircraft is the permission of the

lessor, expressed or implied, in a bona fide lease of the aircraft for a

period of thirty days or more, that the aircraft be used or operated by

the lessee or by persons using or operating it with the permission of

the lessee.

4. All bonds executed by or policies of insurance issued to the owner

of an aircraft shall contain a provision for indemnity or security

against the liability and responsibility provided in this section; but

this provision shall not be construed as requiring that such policy

include insurance against any liability of the insured, being an

individual, for death of or injuries to his or her spouse or for injury

to property of his or her spouse.

5. This section does not relieve an owner of aircraft from liability

under any other statute or rule of law or affect the liability of the

person using or operating the aircraft.