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CAHILL v. KOWAL

5 A.D.3d 240 (2004)

773 N.Y.S.2d 286

EDWARD CAHILL et al., Respondents, v. ROBERT I. KOWAL et al., Defendants, and PSI FUNDING, INC., Appellant.

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

March 18, 2004.

Inasmuch as triable issues have been raised as to whether plaintiff's injuries resulted from negligence in the permissive use or operation of a vehicle owned by PSI, PSI may be liable to plaintiff pursuant to Vehicle and Traffic Law § 388, and accordingly, summary judgment dismissing the complaint against PSI was properly denied (see e.g. Sullivan v Spandau, 186 A.D.2d 641 [1992]; see also Hassan v Montuori,

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