Issues of fact exist as to whether defendant John Durante Inc. employed defendant Columbo at the time of plaintiff's accident and, if so, whether Columbo was driving the motor vehicle with Durante's permission (Vehicle and Traffic Law § 388 [1]). Columbo's assertions ten years later that he had been employed by Durante at the time of the accident contradict a statement he executed in 1987. Moreover, Columbo's deposition testimony is inconclusive as to the identity of...
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