Country-Wide Insurance Company, Appellant v. National Railroad Passenger Corporation, Also Known as Amtrak…

Summary

The New York Court of Appeals held that, under Vehicle and Traffic Law § 388, uncontradicted statements by both owner and driver that the driver lacked permission do not automatically preclude summary judgment for the owner, but when those statements are credible and unaccompanied by evidence of implied consent, summary judgment is appropriate. The Court affirmed summary judgment for Amtrak on the facts presented.