HAMILTON v. HUNT


288 A.D.2d 86 (2001)

733 N.Y.S.2d 153

CHERYL HAMILTON et al., Respondents, et al., Plaintiff, v. JOY L. HUNT et al., Appellants, et al., Defendant.

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

Decided November 15, 2001.


The deposition testimony on which appellants rely is inconsistent in material respects, and insufficient to rebut the presumption of permissive use created by Vehicle and Traffic Law § 388 (1) (see, MVAIC v Levinson, 218 A.D.2d 606, 607). Troy and Joy testified that they were both in their apartment during the late evening preceding the early morning of the accident, watching TV, yet they failed to see one another. According...

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