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LIBERTY MUTUAL INSURANCE COMPANY v. GENERAL ACCIDENT INSURANCE COMPANY

277 A.D.2d 981 (2000)

716 N.Y.S.2d 515

LIBERTY MUTUAL INSURANCE COMPANY, Appellant, v. GENERAL ACCIDENT INSURANCE COMPANY et al., Respondents. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided November 13, 2000.

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

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