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ALBOUYEH v. COUNTY OF SUFFOLK

96 A.D.2d 543 (1983)

Hassan Albouyeh, Individually and as Administrator of The Estate of Bahman Albouyeh, Deceased, Respondent, v. County of Suffolk et al., Respondents, and Gaetano Cusimano, Appellant. (Action No. 1.) Ann Richardson, Individually and as Administratrix of The Estate of Scott Richardson, Deceased, Respondent, v. County of Suffolk et al., Respondents, and Gaetano Cusimano, Appellant. (Action No. 2.) Richard D. Forbes, III, et al., Respondents, v. County of Suffolk et al., Respondents, and Gaetano Cusimano, Appellant. (Action No. 3.)

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

July 18, 1983

Order reversed, insofar as appealed from, on the law, with one bill of costs payable by respondents appearing separately and filing separate briefs, motion granted and complaints dismissed as against defendant Gaetano Cusimano.

Subdivision 1 of section 388 of the Vehicle and Traffic Law imputes to the owner of a motor vehicle the negligence of one who uses or operates it with his permission. That section gives rise to a presumption...

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