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MILLS v. MARQUEZ

251 A.D.2d 304 (1998)

673 N.Y.S.2d 1019

Richard Mills, Respondent, v. Frank Marquez, Respondent, Just Four Wheels, Inc., Appellant, et al., Defendants. (Action No. 1.) Jeannette A. Cruz, Respondent, v. Just Four Wheels, Inc., Appellant, Frank Marquez, Respondent, et al., Defendant. (Action No. 2.)

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

June 1, 1998

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The Supreme Court properly denied the appellant's motion for summary judgment to dismiss the complaints insofar as asserted against it, since the evidence proffered by the appellant failed to rebut the strong presumption created by Vehicle and Traffic Law § 388 (1) that the driver of the motor vehicle which caused the plaintiffs' injuries was operating the vehicle with the owner...

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