Hassan Albouyeh v. County Suffolk Et Al‪.‬

Defendant Cusimano testified on deposition that he had left his car locked in the driveway of his home and denied that defendant Conlon, the driver of the vehicle at the time of the collision which gives rise to this action, was driving it with his permission. The fact that defendant Conlon stole the car from the driveway of the New York Institute of Technology was stated, without contradiction, in her deposition testimony and in the testimony of the arresting officer that at the scene of the accident she admitted that she had stolen the car. That Conlon testified to having stolen the car from a place different than Cusimano testified he had left it and that Mrs. Cusimano attended New York Institute of Technology are insufficient to create a jury question with respect to permission in the face of Conlons admission against penal interest. Under those circumstances the presumption of permission arising from Cusimanos admission of ownership was rebutted by the uncontradicted evidence and he was entitled to summary judgment dismissing the complaint (St. Andrassy v Mooney, 262 NY 368; Der Ohannessian v Elliott, 233 NY 326; Wilson v Harrington, 269 App Div 891, affd 295 NY 667; see Payne v Payne, 28 N.Y.2d 399, 405; 1 NY PJI2d 47).