Court of Appeals of New York
Country Wide Ins. Co. v. Nat'l R.R. Passenger Corp., 7
For purposes of owners' vicarious liability under state law for the negligence of those whom they allow to drive their vehicles, uncontradicted statements of both the owner and driver that the driver was operating the vehicle without the owner's permission will not necessarily warrant summary judgment for the owner. Whether summary judgment is warranted depends on the strength and plausibility of the disavowals, and whether they leave room for doubts best left for a jury.
Appellate Information
- Decided 02/14/2006
- Published 02/27/2006
Judges
Court
- Court of Appeals of New York