Lewis v. Caldwell
Cases that cite this one
4 later published cases cite this decision.
- Rhodes v. Scott (Appellate Division of the Supreme Court of New York 2017)
- Chambers v. City of New York (Appellate Division of the Supreme Court of New York 2003)
- General Accident Insurance v. Bonefont (Appellate Division of the Supreme Court of New York 2000)
- Abdullah v. Husbands (Appellate Division of the Supreme Court of New York 1999)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied the motion of defendant for summary judgment dismissing the complaint on the ground that the operator of the vehicle owned by defendant was not driving the vehicle with defendant’s permission. "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 that presumption continues until rebutted by substantial evidence to the contrary’ ” (Leonard v Karlewicz, 215 AD2d 973, 974, quoting Greater N. Y. Mut. Ins. Co. v Clark, 205 AD2d 857, 858, lv denied 84 NY2d 807). The denial by defendant that she gave permission to the operator, without more, does not change the status of the issue from one of fact
Case-law data current through September 30, 2026. Source: CourtListener bulk data.