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IN THE MATTER OF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. ELLINGTON

27 A.D.3d 567 (2006)

810 N.Y.S.2d 356

In the Matter of STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent, v. MARK ELLINGTON et al., Appellants.

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

March 14, 2006.

Ordered that the judgment is affirmed, with one bill of costs payable by the appellants appearing separately and filing separate briefs.

The strong presumption of permissive use afforded by Vehicle and Traffic Law § 388, can only be rebutted by substantial evidence sufficient to show that the driver of the vehicle was not operating the vehicle with the owner's consent (see Matter of New York Cent. Mut. Fire Ins. Co. v Dukes, 14 A.D.3d...

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