This is an action for personal injuries allegedly sustained as a result of a pedestrian being struck by a rental van owned by defendant-respondent U-Haul International Corp. We hold that the motion court exceeded its role of issue identification on the motion for summary judgment and determined factual issues on an insufficient record by holding that the presumption of permissive use (Vehicle and Traffic Law § 388) is sufficiently rebutted by the evidence.
The...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
