Court of Appeals for the Second Circuit April 28, 2005, Docket No. 04-0513-CV (Country Wide Insurance v. National Railroad Passenger Corp.)

RAKOFF, District Judge:

At issue in this case is whether the presumption effectively created by § 388(1) of New York’s Vehicle & Traffic Law — that a driver of a vehicle has the *86owner’s permission to drive the vehicle— may be overcome, sufficiently to warrant summary judgment in the owner’s favor, by uncontradicted evidence from the owner and the driver denying such permission.