HANNIBAL v. KIMBENI


289 A.D.2d 446 (2001)

735 N.Y.S.2d 567

HERMINIA HANNIBAL, Respondent, v. MBIYA KIMBENI et al., Defendants, and FORD CREDIT TITLING TRUST, Appellant.

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

Decided December 24, 2001.


Ordered that the order is reversed insofar as appealed from, with costs, and that branch of the motion which is for leave to amend the appellant's answer to assert an affirmative defense of nonpermissive use is granted, and the amended answer is deemed served.

The plaintiff was allegedly injured while a passenger in a vehicle owned and insured by the appellant, Ford Credit Titling Trust (hereinafter FCTT). At the time, the vehicle was being driven by the defendant...

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