July 1, 2011

Vehicle and Traffic Law.

Practice point: Pursuant to § 388(1), the motor vehicle's owner is liable for the negligence of anyone who operates the vehicle with the owner's express or implied consent.

Students should note that there is a rebuttable presumption that the operator was driving the vehicle with the owner's consent.

Panteleon v. Amaya, NY Slip Op 05471 (2d Dept. 2011).


Tuesday's issue is notice of claim.