Ordered that the order is reversed, on the law, with one bill of costs, and the petition is denied.
"Vehicle and Traffic Law § 388 (1) imputes to the owner of a motor vehicle the negligence of one who uses or operates it with his or her permission. This section gives rise to a presumption that the vehicle is being operated with the owner's consent, but the presumption may be rebutted by substantial evidence to the contrary" (Headley v Tessler,
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