In re the Arbitration between Fiduciary Insurance Co. of America & Jackson

“[P]roof of ownership of a motor vehicle creates a rebuttable presumption that the driver was using the vehicle with the owner’s permission, express or implied” (Leotta v Plessinger, 8 NY2d 449, 461 [I960]; see Bernard v Mumuni, 22 AD3d 186, 187 [1st Dept 2005], affd 6 NY3d 881 [2006]). This presumption was rebutted by substantial evidence that the subject vehicle was not being operated with the owner’s consent. The owner testified that he left the keys on a table in his mother’s home with instructions that his mechanic or his cousin would pick it up for repairs. Furthermore, a finding of…