CARTER III v. ROSA ROSA, INC.


284 A.D.2d 110 (2001)

725 N.Y.S.2d 202

ERNEST W. CARTER, III, Respondent, v. ROSA ROSA, INC., et al., Appellants, et al., Defendant.

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

Decided June 5, 2001.


Appellants George Zambrano and his business, Rosa Rosa, Inc., are sued in their capacity as owners of the vehicle which, while operated by defendant George Franco, struck plaintiff's vehicle, causing various injuries to plaintiff. Although appellants maintain that they never gave Franco permission to use their vehicle, their evidentiary showing in support of that contention was not sufficiently substantial to overcome the strong statutory presumption of permissive use (

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