§ 48. Negligence in use or operation of vessel attributable to owner.
1. Every owner of a vessel used or operated upon the navigable waters of
the state or any tidewaters bordering on or lying within the boundaries
of Nassau and Suffolk counties, shall be liable and responsible for
death or injuries to person or property resulting from negligence in the
use or operation of such vessel, in the business of such owner, or
otherwise, by any person using or operating the same with the
permission, express or implied, of such owner.

The use or operation by a non-resident or non-residents of a vessel in
this state, or the use or operation in this state of a vessel in the
business of a non-resident, or the use or operation in this state of a
vessel owned by a non-resident if so used or operated with his
permission, express or implied, shall be deemed equivalent to an
appointment by such non-resident of the secretary of state to be his
true and lawful attorney upon whom may be served the summons in any
action against him, growing out of any accident or collision in which
such non-resident may be involved while using or operating such vessel
in this state or in which such vessel may be involved while being used
or operated in this state in the business of such non-resident or with
the permission, express or implied, of such non-resident owner; and such
use or operation shall be a signification of his agreement that any such
summons against him which is so served shall be of the same legal force
and validity as if served on him personally within the state and within
the territorial jurisdiction of the court from which the summons issues,
and that such appointment of the secretary of state shall be irrevocable
and binding upon his executor or administrator. Where such non-resident
has died prior to the commencement of an action brought pursuant to this
section, service of process shall be made on the executor or
administrator of such non-resident in the same manner and on the same
notice as is provided in the case of the non-resident himself. Where an
action has been duly commenced under the provisions of this section
against a non-resident who dies thereafter, the court must allow the
action to be continued against his executor or administrator upon motion
with such notice as the court may deem proper.

2. A summons in an action described in this section may issue in any
court in the state having jurisdiction of the subject matter and be
served as hereinafter provided. Service of such summons shall be made by
mailing a copy thereof to the secretary of state at his office in the
city of Albany, or by personally delivering a copy thereof to one of his
regularly established offices, with a fee of ten dollars, and such
service shall be sufficient service upon such non-resident provided that
notice of such service and a copy of the summons and complaint are
forthwith sent by or on behalf of the plaintiff to the defendant by
registered mail with return receipt requested. The plaintiff shall file
with the clerk of the court in which the action is pending, or with the
judge or justice of such court in case there be no clerk, an affidavit
of compliance herewith, a copy of the summons and complaint, and either
a return receipt purporting to be signed by the defendant or a person
qualified to receive his registered mail, in accordance with the rules
an customs of the post-office department; or, if acceptance was refused
by the defendant or his agent, the original envelope bearing a notation
by the postal authorities that receipt was refused, and an affidavit by
or on behalf of the plaintiff that notice of such mailing and refusal
was forthwith sent to the defendant by ordinary mail. Where the summons
is mailed to a foreign country, other official proof of the delivery of
the mail may be filed in case the post-office department is unable to
obtain such a return receipt. The foregoing papers shall be filed within
thirty days after the return receipt or other official proof of delivery
or the original envelope bearing a notation of refusal, as the case may
be, is received by the plaintiff. Service of process shall be complete
ten days after such papers are filed. The return receipt or other
official proof of delivery shall constitute presumptive evidence that
the summons mailed was received by the defendant or a person qualified
to receive his registered mail; and the notation or refusal shall
constitute presumptive evidence that the refusal was by the defendant or
his agent. Service of such summons also may be made by mailing a copy
thereof to the secretary of state at this office in the city of Albany,
or by personally delivering a copy thereof to one of his regularly
established offices, with a fee of ten dollars, and by delivering a
duplicate copy thereof, with the complaint annexed thereto, to the
defendant personally without the state by a resident or citizen of the
state of New York or a sheriff, under-sheriff, deputy-sheriff or
constable of the county or other political subdivision in which the
personal service is made, or an officer authorized by the laws of this
state, to take acknowledgements of deeds to be recorded in this state,
or an attorney and/or counselor at law, solicitor, advocate or barrister
duly qualified to practice in the state or country where such service is
made, or by a United States marshal or deputy United States marshal.
Proof of personal service without the state shall be filed with the
clerk of the court in which the action is pending within thirty days
after such service. Personal service without the state is complete ten
days after proof thereof is filed. The court in which the action is
pending may order such extensions as may be necessary to afford the
defendant reasonable opportunity to defend the action.

Nothing herein shall be construed as affecting other methods of
service of process against non-residents as provided by law.

3. As used in this section "vessel" means a vessel as defined in
section two, subdivision six of this chapter, except a vessel having a
valid marine document issued by the United States or a foreign
government.

4. As used in this section, "owner" means any person other than a lien
holder having the property in or title to a vessel, and also any lessee
or bailee having the exclusive use thereof, under a lease or otherwise,
for a period greater than thirty days, and their liability under this
section, shall be joint and several. If a vessel be sold under a
contract of conditional sale whereby the title to such vessel remains in
the vendor, such vendor or his assignee shall not, after delivery of
such vessel, 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 vessel. A
chattel mortgagee, conditional vendor, or an entruster as defined by
section fifty-one of the personal property law, of any vessel out of
possession, shall not be deemed an owner within the provisions of this
section.

5. All bonds executed by or policies of insurance issued to the owner
of any vessel subject to the provisions of this section 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 a policy include insurance against any
liability of the insured, being an individual, for death of or injuries
to his or her spouse or injury to property of either.

6. This section shall not be construed to affect any of the rights of
an owner under the laws of the United States.