ABDULLAH v. HUSBANDS (1999)

Supreme Court, Appellate Division, Second Department, New York.

Salim N. ABDULLAH, respondent, v. Anthony Orlando HUSBANDS, etc., appellant.

Decided: October 18, 1999

SONDRA MILLER, J.P., THOMAS R. SULLIVAN, WILLIAM D. FRIEDMANN and SANDRA J. FEUERSTEIN, JJ.

Thurm & Heller, LLP, New York, N.Y. (Roula Theofanis and Allison A. Snyder of counsel), for appellant. David M. Peterson, P.C., New York, N.Y. (Susan R. Nudelman of counsel), for respondent.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Garson, J.), dated September 24, 1998, which denied his motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The Supreme Court properly denied the defendant's motion for summary judgment, as the issue of whether his car was being used with his permission at the time of the subject collision is one for the trier of fact (see, Vehicle and Traffic Law § 388[1]; Leotta v. Plessinger, 8 N.Y.2d 449, 461, 209 N.Y.S.2d 304, 171 N.E.2d 454; Jimenez v. Regan, 248 A.D.2d 510, 669 N.Y.S.2d 968; Walls v. Zuvic, 113 A.D.2d 936, 493 N.Y.S.2d 628; Blunt v. Zinni, 32 A.D.2d 882, 883, 302 N.Y.S.2d 504, affd. 27 N.Y.2d 521, 312 N.Y.S.2d 996, 261 N.E.2d 107; Lewis v. Caldwell, 236 A.D.2d 896, 653 N.Y.S.2d 745).

MEMORANDUM BY THE COURT.

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