Chappelear v. Dollar Rent-A-Car Systems, Inc.

Order, Supreme Court, Bronx County (Dianne Renwick, J.), entered on or about March 12, 2003, which granted the motion of defendant Dollar Rent-A-Car Systems, Inc. for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs or disbursements, the motion denied and the complaint against said defendant reinstated.

The only issue presented on appeal is whether defendant Dollar Rent-A-Car Systems, Inc. presented sufficient proof to rebut, as a matter of law, the presumption of permissive use under Vehicle and Traffic Law § 388. On October 12, 1999, plaintiff was a…