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eBook details

• Title: Carol Guerra v. Kings Plaza Leasing Corp.
• Author : Supreme Court of New York
• Release Date : January 08, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

DECISION & ORDER Ordered that the order is reversed insofar as appealed from, on the law, with costs, the appellants'
cross motion for summary judgment is granted, the complaint is dismissed insofar as it is asserted against them, and the action
against the remaining defendants is severed. Vehicle and Traffic Law § 388(1) imputes to the owner of a motor vehicle the negligence of one who uses or operates it with
his or her permission. This section gives rise to a presumption that the vehicle is being operated with the owner's consent,
but the presumption may be rebutted by substantial evidence to the contrary (see, Leotta v Plessinger, 8 N.Y.2d 449; Bruno
v Privilegi, 148 A.D.2d 652; Albouyeh v County of Suffolk, 96 A.D.2d 543, affd 62 N.Y.2d 681). We conclude that, in this case,
the presumption was rebutted as a matter of law.

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