Liberty Mutual Insurance v. General Accident Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed with costs. Memorandum: Supreme Court properly denied plaintiff’s motion for summary judgment and granted the cross motion of defendants General Accident Insurance Company and Marshall S. Toole for summary judgment. “It is well settled that Vehicle and Traffic Law § 388 (1) ‘creates a strong presumption that the driver of a vehicle is operating it with the owner’s permission and consent, express or implied, and *982that presumption continues until rebutted by substantial evidence to the contrary1 ” (Leonard v Karlewicz, 215 AD2d 973, 974, quoting Greater N. Y. Mut.…
2Cases cited8 opinions
- Empire Insurance v. Food City, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Greater New York Mutual Insurance v. ClarkAppellate Division of the Supreme Court of the State of New York · 1994
- Daniel Perla Associates v. GinsbergAppellate Division of the Supreme Court of the State of New York · 1998
- Barrett v. McNultyNew York Court of Appeals · 1970
- Leonard v. KarlewiczAppellate Division of the Supreme Court of the State of New York · 1995
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3Cited by6 opinions
- Margolis v. Volkswagen of America, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Richmond Farms Dairy v. National Grange Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
- Baker v. LisconishAppellate Division of the Supreme Court of the State of New York · 2017
- ACE American Insurance Company v. NobileDistrict Court, E.D. New York · 2025
- Liberty Mutual Insurance v. General Accident InsuranceAppellate Division of the Supreme Court of the State of New York · 2000
1 more not listed; retrieve them via the Exa API.