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CONTE v. APREA

23 A.D.3d 225 (2005)

803 N.Y.S.2d 557

GINA CONTE et al., Respondents, v. PETER A. APREA et al., Respondents, and NISSAN MOTOR ACCEPTANCE CORPORATION, Appellant, et al., Defendant.

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

November 15, 2005.

Defendant Aprea was involved in a motor vehicle accident while driving a Nissan Pathfinder leased from defendant NMAC by defendant Ribaudo. The lease provided, "This Vehicle may not be used for any illegal purpose or to transport people or goods for hire. Except for occasional and incidental use by other licensed, qualified operators with your permission, you shall retain possession of this Vehicle." The evidence is uncontroverted...

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