ARBREU v. KITLITZ


90 A.D.2d 815 (1982)

Marisela Arbreu, Respondent, v. Viktor Kitlitz et al., Defendants, and James Eanuzel, Appellant

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

November 22, 1982


Order affirmed, with $50 costs and disbursements.

A question of fact exists on this record as to (1) whether or not defendant Eanuzel gave implied permission to defendant Kitlitz to road test his car, after repairs were completed and, assuming that implied permission was given, (2) whether or not Kitlitz was actually road testing the car, or was merely engaged in personal use of the car, at the time of the accident. Accordingly, Eanuzel's motion for summary judgment...

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