Paul B. Josephs, Associate

Paul Josephs Obtains Dismissal in Supreme Court, Queens County

In a motor vehicle action where two plaintiff’s claimed serious injuries, our firm was successful in obtaining a dismissal in Supreme Court, Queens County on behalf of its client, Gary Johnson, on the issue of liability on the grounds that the co-defendant, Oliver Bede, was operating his vehicle without his permission, knowledge or consent at the time of the subject accident. (Cuadra v. Bede et al, Index No. 709451/2021.) The defense submitted evidence in the form of deposition testimony establishing that Mr. Johnson never gave the autobody shop (where his car was being repaired) permission to loan his vehicle to Mr. Bede. The evidence submitted to the Court was sufficient to overcome the presumption of permissive use of the vehicle and Mr. Johnson was entitled to summary judgment.