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CONNORS v. PARIS

199 A.D.2d 4 (1993)

604 N.Y.S.2d 103

John Connors, Respondent, v. Michael E. Paris et al., Appellants

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

December 2, 1993

We agree with the IAS Court that the credibility of defendant's sworn deposition testimony that he gave his friend permission to use his car only to go out and buy cigarettes, not to travel from Baltimore to New York, must be determined by a jury, and that until there has been such a credibility determination the question of consent remains in issue. The presumption of consent to use a motor vehicle is rebuttable and, "the question...

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