Aetna Insurance v. Johnson

— Judgment, Supreme Court, New York County (Bowman, J.), entered July 21, 1980, which granted the petition to stay arbitration and adjudged that the vehicle owned by Alpha Waste Paper Corporation was being operated with the permission of the owner, unanimously reversed, on the law and the facts, with costs and disbursements, the stay vacated, and petition dismissed. At a joint trial of the framed issue of permissive use, Raymond P. Pirrello, a partner of Alpha, testified to facts from which the only fair conclusion to be drawn was that at the time of the respective accidents, a former and…