MOLINA v. NYRAC, INC.


228 A.D.2d 655 (1996)

645 N.Y.S.2d 819

Luis Molina, Respondent, v. NYRAC, Inc., Appellant, et al., Defendant

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

June 24, 1996


Ordered that the order is reversed, on the law, with costs, the motion of the defendant NYRAC, Inc., for summary judgment is granted, and the complaint is dismissed insofar as asserted against it.

Vehicle and Traffic Law § 388 (1) imputes to the owner of a motor vehicle the negligence of one who uses or operates it with his or her permission. The section gives rise to a presumption that the vehicle is being operated with the owner's consent, but the presumption...

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