Lewis v. Caldwell

Appellate Division of the Supreme Court of New York

Lewis v. Caldwell

236 A.D.2d 896, 653 N.Y.S.2d 745, 1997 N.Y. App. Div. LEXIS 1944

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 7, 1997

StatusPublished

Cited by4 cases

This text of 236 A.D.2d 896 (Lewis v. Caldwell) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lewis v. Caldwell, 236 A.D.2d 896, 653 N.Y.S.2d 745, 1997 N.Y. App. Div. LEXIS 1944 (N.Y. Ct. App. 1997).

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Opinion

—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied the motion of defendant for summary judgment dismissing the complaint on the ground that the operator of the vehicle owned by defendant was not driving the vehicle with defendant’s permission. "It is well settled that Vehicle and Traffic Law § 388 (1) 'creates a strong presumption that the driver of a vehicle is operating it with the owner’s permission and consent, express or implied, and that presumption continues until rebutted by substantial evidence to the contrary’ ” (Leonard v Karlewicz, 215 AD2d 973, 974, quoting Greater N. Y. Mut. Ins. Co. v Clark, 205 AD2d 857, 858, lv denied 84 NY2d 807). The denial by defendant that she gave permission to the operator, without more, does not change the status of the issue from one of fact [897]*897to one of law (see, Blunt v Zinni, 32 AD2d 882, 883, affd 27 NY2d 521). (Appeal from Order of Supreme Court, Erie County, Notaro, J.—Summary Judgment.) Present—Green, J. P., Law-ton, Doerr, Balio and Fallon, JJ.

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—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied the motion of defendant for summary judgment dismissing the complaint on the ground that the operator of the vehicle owned by defendant was not driving the vehicle with defendant’s permission. "It is well settled that Vehicle and Traffic Law § 388 (1) 'creates a strong presumption that the driver of a vehicle is operating it with the owner’s permission and consent, express or implied, and that presumption continues until rebutted by substantial evidence to the contrary’ ” (Leonard v Karlewicz, 215 AD2d 973, 974, quoting Greater N. Y. Mut. Ins. Co. v Clark, 205 AD2d 857, 858, lv denied 84 NY2d 807). The denial by defendant that she gave permission to the operator, without more, does not change the status of the issue from one of fact [897]*897to one of law (see, Blunt v Zinni, 32 AD2d 882, 883, affd 27 NY2d 521). (Appeal from Order of Supreme Court, Erie County, Notaro, J.—Summary Judgment.) Present—Green, J. P., Law-ton, Doerr, Balio and Fallon, JJ.

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Bluebook (online)

236 A.D.2d 896, 653 N.Y.S.2d 745, 1997 N.Y. App. Div. LEXIS 1944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-caldwell-nyappdiv-1997.

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