Opinion
June 1, 1998
Appeal from the Supreme Court, Kings County (Rappaport, J.).
Ordered that the order is affirmed insofar as appealed from, with one bill of costs.
The Supreme Court properly denied the appellant's motion for summary judgment to dismiss the complaints insofar as asserted against it, since the evidence proffered by the appellant failed to rebut the strong presumption created by Vehicle and Traffic Law § 388 Veh. Traf. (1) that the driver of the motor vehicle which caused the plaintiffs' injuries was operating the vehicle with the owner's permission or consent (see, Leotta v. Plessinger, 8 N.Y.2d 449; see also, Albouyeh v. County of Suffolk, 96 A.D.2d 543, affd 62 N.Y.2d 681; cf., State Farm Mut. Auto. Ins. v. White, 175 A.D.2d 122; Jimenez v. Regan, 248 A.D.2d 510).
Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.