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Ford v. Guishard

Appellate Division of the Supreme Court of New York, Second Department
Nov 26, 2001
288 A.D.2d 430 (N.Y. App. Div. 2001)

Opinion

2001-02670

Submitted November 7, 2001.

November 26, 2001.

In an action to recover damages for personal injuries, the defendant Marian Guishard appeals from an order of the Supreme Court, Queens County (Glover, J.), dated February 13, 2001, which denied her motion for summary judgment dismissing the complaint insofar as asserted against her.

Bryan M. Rothenberg, Mineola, N.Y. (Alan M. Shushan of counsel), for appellant.

Joelson Rochkind, New York, N.Y. (Benjamin A. Shatzky of counsel), for respondent.

Before: LAWRENCE J. BRACKEN, P.J., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, NANCY E. SMITH, THOMAS A. ADAMS, JJ.


ORDERED that the order is affirmed, with costs.

The Supreme Court properly denied the appellant's motion for summary judgment dismissing the complaint insofar as asserted against her. The appellant failed to rebut the presumption that her vehicle was being operated with her consent at the time of the accident (see, Vehicle and Traffic Law § 388; Leotta v. Plessinger, 8 N.Y.2d 449, 461; Greater N.Y. Mut. Ins. Co. v. Clark, 205 A.D.2d 857, 858-859; Stewart v. Town of Hempstead, 204 A.D.2d 431; Bruno v. Privilegi, 148 A.D.2d 652). The appellant's submissions in support of her motion for summary judgment raise a triable issue of fact as to whether she had imposed a restriction of use of her vehicle when she allegedly entrusted it to her grandson for repair (see, Abdullah v. Husbands, 265 A.D.2d 435; Lipetz v. Palmer, 216 A.D.2d 367; Walls v. Zuvic, 113 A.D.2d 936; cf., Jackson v. Brown Kleinhenz, 273 N.Y. 365, 368-369; Fili v. Matson Motors, 183 A.D.2d 324; Brindley v. Krizsan, 18 A.D.2d 971, affd 13 N.Y.2d 976).

BRACKEN, P.J., KRAUSMAN, LUCIANO, SMITH and ADAMS, JJ., concur.


Summaries of

Ford v. Guishard

Appellate Division of the Supreme Court of New York, Second Department
Nov 26, 2001
288 A.D.2d 430 (N.Y. App. Div. 2001)
Case details for

Ford v. Guishard

Case Details

Full title:LAMELL FORD, respondent, v. MARIAN GUISHARD, appellant, ET AL., defendant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 26, 2001

Citations

288 A.D.2d 430 (N.Y. App. Div. 2001)
733 N.Y.S.2d 484

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