BEATO v. PAKISTAN EMBASSY (2003)

Order, Supreme Court, New York County (Milton Tingling, J.), entered on or about May 8, 2002, which granted defendants' motion for summary judgment dismissing the complaint on the ground of diplomatic immunity, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

Defendants in this personal injury action, which arose from a traffic accident, are clearly subject to the jurisdiction of our courts pursuant to the “tortious act” exception set out in the Foreign Sovereign Immunities Act of 1976 (28 USC § 1605[a][5];  Foxworth v. Permanent Mission of the Republic of Uganda to the United Nations, 796 F.Supp. 761, 764).   The statute's legislative history notes that § 1605[a][5] “is directed primarily at the problem of traffic accidents” (H.R. Rep 94-1487 * 20-21).   The authorities cited by the motion court, Castaldo v. Migay Trucking Corp., 61 A.D.2d 772, 402 N.Y.S.2d 22 and Kobelski v. Permanent Mission of the Federal Republic of Germany to the United Nations, 54 A.D.2d 867, 388 N.Y.S.2d 595, are inapposite as not only distinguishable on the facts but also, Kobelski was decided prior to the effective date of the statute, January 19, 1977.