LEWIS v. CALDWELL


236 A.D.2d 896 (1997)

653 N.Y.S.2d 745

Joseph Lewis, Respondent, v. Margaret C. Caldwell, Appellant

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

February 7, 1997


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied the motion of defendant for summary judgment dismissing the complaint on the ground that the operator of the vehicle owned by defendant was not driving the vehicle with defendant's permission. "It is well settled that Vehicle and Traffic Law § 388 (1) `creates a strong presumption that the driver of a vehicle is operating it with the owner's permission and consent, express...

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