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AMERICAN COUNTRY INS. CO. v. UMUDE

10134N, 26031/14.

176 A.D.3d 542 (2019)

110 N.Y.S.3d 401

2019 NY Slip Op 07516

American Country Insurance Company, Respondent, v. Mark Umude et al., Defendants, and Anthony Rodriguez et al., Appellants.

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

Decided October 17, 2019.

Attorney(s) appearing for the Case

Law Offices Of Alexander Bespechny, Bronx (Luis A. Badolato of counsel), for appellants.

Shearer PC, Locust Valley (Mark G. Vaughan of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gische, Webber, Moulton, JJ.

Plaintiff submitted substantial evidence to rebut the presumption that defendant Mark Umude, the brother of plaintiff's insured, Amoghene Umude, was operating Amoghene's vehicle with Amoghene's permission at the time of the accident (see Vehicle and Traffic Law § 388[1]; Tsadok v Veneziano, 65 A.D.3d 1130, 1132 [2d Dept 2009]; Panteleon v Amaya, 85 A.D.3d 993, 994-995 [2d Dept...

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