Hamilton v. Hunt

—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about March 28, 2001, which, in an action for personal injuries sustained by passengers in a car driven by defendant Troy Hunt, leased by defendant-appellant *87Joy Hunt and owned by defendant-appellant Mercedes Benz Credit Corporation, denied appellants’ motions for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

The deposition testimony on which appellants rely is inconsistent in material respects, and insufficient to rebut the presumption of permissive use created by…