Leonard v. Karlewicz

Yesawich Jr., J. (dissenting).

I respectfully dissent. In my view, summary judgment is inappropriate, for the evidence purportedly rebutting the presumption of permissive use consists of nothing more than the inadequately corroborated representations of the driver and owner, both of whom are defendants and, obviously, vitally interested in the outcome of the action (compare, Rooney v Myers, 132 AD2d 839, 840, Iv denied 70 NY2d 612). It strikes me that summary relief is particularly imprudent where the driver has been given permission to operate the vehicle on prior occasions, or where evidence…