DELGADO v. SIKORA


227 A.D.2d 176 (1996)

642 N.Y.S.2d 12

Madeline Delgado, an Infant, by Her Mother and Natural Guardian, Aurea Velazquez, et al., Respondents, v. Kazimirez Sikora, Appellant

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

May 7, 1996


In this personal injury action arising out of a hit and run automobile accident, defendant's testimony at deposition that at the time of the accident, his vehicle was parked at his place of employment and he possessed the only set of keys to it was insufficient to eliminate issues of fact, including the identity of the car involved in the accident, and, if it were defendant's vehicle which was so involved, the presumption of permissive use imputed to the owner under Vehicle...

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