Appellate Division of the Supreme Court of the State of New York October 25, 2012 (In re the Arbitration between Fiduciary Insurance Co. of America & Jackson)

“[P]roof of ownership of a motor vehicle creates a rebuttable presumption that the driver was using the vehicle with the owner’s permission, express or implied” (Leotta v Plessinger, 8 NY2d 449, 461 [I960]; see Bernard v Mumuni, 22 AD3d 186, 187 [1st Dept 2005], affd 6 NY3d 881 [2006]).