From Casetext: Smarter Legal Research

Jimenez v. Regan

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1998
248 A.D.2d 510 (N.Y. App. Div. 1998)

Opinion

March 9, 1998

Appeal from the Supreme Court, Kings County (Huttner, J.).


Ordered that the order is affirmed, with costs.

The plaintiff's contention that he was deprived of his right to a jury trial is unpreserved for appellate review, since the plaintiff failed to object to the framed issue hearing and participated without protest ( see, Vias v. Rohan, 119 A.D.2d 672; Petty v. Field, 97 A.D.2d 538).

The defendant Avelino Casas presented sufficient evidence tending to rebut the presumption that the defendant Joseph Regan, his daughter's boyfriend, had been driving Casas's vehicle with his consent ( see, Vehicle and Traffic Law § 388; Leotta v. Plessinger, 8 N.Y.2d 449, 461; Wynn v. Middleton, 184 A.D.2d 1019, 1020; Schrader v. Carney, 180 A.D.2d 200, 209; State Farm Mut. Auto. Ins. v. White, 175 A.D.2d 122; Walls v. Zuvic, 113 A.D.2d 936, 937). The uncontroverted evidence established that Casas had explicitly told Regan that he was not permitted to drive Casas's vehicle and that Casas's daughter let Regan drive the car after she arrived at his home on the date of the accident. The issue was properly submitted to the trier of fact, and its determination that there was no permissive use was based upon a fair interpretation of the evidence.

Bracken, J. P., Copertino, Santucci, Florio and McGinity, JJ., concur.


Summaries of

Jimenez v. Regan

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1998
248 A.D.2d 510 (N.Y. App. Div. 1998)
Case details for

Jimenez v. Regan

Case Details

Full title:ISAMAR JIMENEZ, Appellant, v. JOSEPH R. REGAN et al., Respondents

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

Date published: Mar 9, 1998

Citations

248 A.D.2d 510 (N.Y. App. Div. 1998)
669 N.Y.S.2d 968

Citing Cases

Wechsler v. Wechsler

We reject this claim. When Supreme Court advised the parties that it was severing the issue and that it would…

Somma v. Castellano

The presumption that a driver was operating a vehicle with the owner's permission may be rebutted with…