Judgment reversed, on the law and facts, and new trial ordered, with costs to abide the event.
Findings of fact contained in the trial court's decision which are inconsistent herewith are reversed. In our opinion the testimony of the owner of the automobile in question, defendant Pellegrino, was insufficient to rebut by substantial evidence the statutory presumption of permission to use her car (cf. Ferris v. Sterling, 214 N.Y. 249, 253). Under section 388...
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