Aetna Casualty & Surety Co. v. Brice

Cardamone and Callahan, JJ. (dissenting).

We dissent. We previously affirmed a Special Term ruling in this case granting a preference and permitting Aetna’s actions for declaratory judgment to proceed before a jury on the issue of consent (Aetna Cas. & Sur. Co. v Lauria, 54 AD2d 183). At that time, we noted that defendant Brice in his answer denied that his vehicle was being operated without his consent. Subdivision 1 of section 388 of the Vehicle and Traffic Law provides that every owner of a vehicle is liable and responsible for death or injury to another person or property resulting from…