Supreme Court correctly denied defendant Horner's motion for summary judgment. Defendant's vehicle was allegedly involved in an accident with plaintiffs' vehicle. Defendant contended that this vehicle had been stolen prior to the time of the accident. In our view, the affidavits of Horner and his daughter, to whom the vehicle was allegedly on loan at the time of its purported theft, do not sufficiently establish the vehicle's theft to overcome, as a matter of law, the presumption...
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