§ 359. Definitions. The following words and phrases when used in this article shall, for the purpose of this article, have the following meanings: (a) The singular shall include the plural; the masculine shall include the feminine and neuter, as requisite.

Terms Used In N.Y. Vehicle and Traffic Law 359

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC

(b) Commissioner. The commissioner of motor vehicles of this state.

(c) Department. The department of motor vehicles of this state acting directly or through its duly authorized officers and agents.

(d) Person. Shall include individuals, firms, partnerships, associations, corporations, receivers, referees, trustees, assignees for the benefit of creditors; executors and administrators; and shall include the owner of any motor vehicle as requisite; but shall not include the state or any political subdivision thereof.

(g) Owner. A person who holds the legal title of a motor vehicle; or in the event a motor vehicle is subject to a security interest, or lease with the right of purchase upon performance of conditions stated in the lease and with an immediate right of possession vested in the debtor or lessee, then such debtor or lessee shall be deemed the owner for the purpose of this act.

(h) Insured. The person in whose name there is issued a motor vehicle liability policy, as defined in this article, and any other person insured under the terms of such policy.

(i) Judgment. Any judgment, except a judgment rendered against this state or any political subdivision thereof or any municipality therein, which shall have become final by expiration without appeal of the time within which appeal might have been perfected, or by final affirmance on appeal, rendered by a court of competent jurisdiction of any state, any province of Canada, the Dominion of Canada, the District of Columbia, or the United States.

(j) Non-resident. Every person who is not a resident of this state.

(k) Motor vehicle. As used in this article, the term "motor vehicle" shall be defined as in section one hundred twenty-five of this chapter, except that it shall also include trailers, semi-trailers and tractors other than tractors used exclusively for agricultural purposes, and shall exclude fire and police vehicles, self-propelled combines, self-propelled corn and hay harvesting machines, tractors used exclusively for agricultural purposes and self-propelled caterpillar or crawler-type equipment while being operated on the contract site.