AETNA INS. CO. v. JOHNSON


84 A.D.2d 505 (1981)

Aetna Insurance Company, Respondent, v. Hugh Johnson et al., Respondents, and Alpha Waste Paper Corp., Appellant Kathryne Thomas et al., Respondents, v. Joseph Boakye et al., Defendants, and Alpha Waste Paper, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 6, 1981


At a joint trial of the framed issue of permissive use, Raymond P. Pirrello, a partner of Alpha, testified to facts from which the only fair conclusion to be drawn was that at the time of the respective accidents, a former and current employee had taken Alpha's truck without permission. In fact, both admitted their involvement the day after the vehicle was recovered. Upon discovery of its absence, Alpha reported the vehicle stolen to the police. That Pirrello subsequently...

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