Narrative Opinion Summary
The case involves an appeal by McGuire Auto Rental Leasing, Inc. against a Supreme Court order in a personal injury and property damage lawsuit. The plaintiffs moved to strike McGuire's affirmative defense of lack of personal jurisdiction, which was granted, while McGuire's cross motion to dismiss the complaint was denied. The appellate court affirmed the lower court's decision, emphasizing the presumption under Vehicle and Traffic Law § 388 that the vehicle driven by a third party was operated with McGuire's consent. This presumption remained unchallenged by substantial evidence. Further, the court confirmed the propriety of jurisdiction established via service upon the Secretary of State under Vehicle and Traffic Law § 253, given the vehicle's use with the owner's permission. The consent issue was settled by the Supreme Court through a hearing agreed upon by both parties, obviating the requirement for a jury trial. The affirmation of the order was unanimously supported by the panel of Justices, resulting in the continuation of the proceedings against McGuire Auto Rental Leasing, Inc.
Legal Issues Addressed
Jurisdiction via Service upon Secretary of State under Vehicle and Traffic Law § 253subscribe to see similar legal issues
Application: The court confirmed proper jurisdiction over McGuire Auto Rental through service upon the Secretary of State, as the vehicle was used with the owner's permission.
Reasoning: The court also upheld the validity of service upon the Secretary of State under Vehicle and Traffic Law § 253, confirming proper jurisdiction over the defendant as the vehicle was used with the owner's permission.
Presumption of Consent under Vehicle and Traffic Law § 388subscribe to see similar legal issues
Application: The appellate court affirmed that the vehicle operated by Michael Van Malmberg was presumed to be used with the consent of McGuire Auto Rental. This presumption was not rebutted by substantial evidence.
Reasoning: The appellate court affirmed the order, highlighting the strong presumption under Vehicle and Traffic Law § 388 that the vehicle operated by Michael Van Malmberg was used with the consent of McGuire Auto Rental.
Resolution of Consent Issue without Jurysubscribe to see similar legal issues
Application: The issue of whether the vehicle was operated with consent was resolved by the court after a hearing, thus eliminating the need for a jury decision.
Reasoning: The issue of whether the vehicle was operated with consent was resolved by the Supreme Court after a hearing agreed upon by both parties, negating the need for a jury decision.