Public Service's claim that the van was leased for successive weekly rentals, and that its insured, the lessee, therefore is not an "owner" within the meaning of Vehicle and Traffic Law § 128, was properly rejected as based entirely on the conclusory assertions of its claims representative and its attorney, neither of whom were privy to or have personal knowledge of the oral lease agreement (see Zuckerman v City of New York,
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PUBLIC SERVICE MUTUAL INSURANCE COMPANY v. YASUDA FIRE AND MARINE INSURANCE COMPANY OF AMERICA
5 A.D.3d 273 (2004)
773 N.Y.S.2d 301
PUBLIC SERVICE MUTUAL INSURANCE COMPANY, Appellant, v. YASUDA FIRE AND MARINE INSURANCE COMPANY OF AMERICA et al., Respondents.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
March 23, 2004.
March 23, 2004.
Appellate Division of the Supreme Court of the State of New York, First Department.
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