MATTER OF ALLSTATE INDEMNITY COMPANY v. NELSON


285 A.D.2d 545 (2001)

728 N.Y.S.2d 82

In the Matter of ALLSTATE INDEMNITY COMPANY, Respondent, v. ROBERT NELSON, Respondent, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al., Appellants, and ARMANDO CONFORTI, Respondent.

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

Decided July 16, 2001.


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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