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COUNTRY WIDE v. NATIONAL R.R. PASSENGER

Docket No. 04-0513-CV.

407 F.3d 84 (2005)

COUNTRY WIDE INSURANCE COMPANY, Defendant-Appellant, v. NATIONAL RAILROAD PASSENGER CORPORATION, also known as Amtrak, Defendant-Appellee. Hui Haw So, Pyong Mun So and Christina So, Plaintiffs.

United States Court of Appeals, Second Circuit.

Decided: April 28, 2005.

Attorney(s) appearing for the Case

Joseph D. Nohavicka, Jaffee & Nohavicka, New York, New York, for Defendant-Appellant.

William G. Ballaine, Landman Corsi Ballaine & Ford, New York, New York, for Defendant-Appellee.

Before: JACOBS and CALABRESI, Circuit Judges, and RAKOFF, District Judge.

RAKOFF, District Judge:

At issue in this case is whether the presumption effectively created by § 388(1) of New York's Vehicle & Traffic Law—that a driver of a vehicle has the owner's permission to drive the vehicle— may be overcome, sufficiently to warrant summary judgment in the owner's favor, by uncontradicted evidence from the owner and the driver denying such permission. Although variants of this...

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