O'Neill
v.
Habberstad Leasing, Inc.

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, First DepartmentJun 29, 1995
216 A.D.2d 256 (N.Y. App. Div. 1995)
216 A.D.2d 256628 N.Y.S.2d 1111

June 29, 1995

Appeal from the Supreme Court, New York County (Paula Omansky, J.).


The IAS Court properly dismissed respondents from these actions seeking to recover for personal injuries sustained in an automobile accident based upon documentary evidence, including a duly authenticated (CPLR 4540 [c]) New Jersey Certificate of Title in the offending vehicle issued to defendant Widner Boutin by the New Jersey Division of Motor Vehicles on November 13, 1989. This document was sufficient to raise an inference, not rebutted by plaintiffs, that defendant Widner Boutin owned the offending vehicle on February 3, 1990, the day of the accident ( cf., Sosnowski v. Kolovas, 127 A.D.2d 756).

Concur — Rosenberger, J.P., Kupferman, Asch, Nardelli and Mazzarelli, JJ.