Appellate Division, Second Department · October 7, 2026 · 2026 NY Slip Op 05772
Grinberg v Vistas of Port Jefferson, LLC
Read the official decision: 2026 NY Slip Op 05772
Holding The court reversed the lower court’s denial of summary judgment, holding that the defendants demonstrated the vehicle was stolen and the key was hidden from sight, thereby rebutting the presumption of permissive use under Vehicle and Traffic Law § 388(1). Consequently, the defendants were entitled to dismissal of the complaint against them as a matter of law.
The court’s words
Evidence that a vehicle was stolen at the time of the accident will rebut the presumption of permissive use
2026 NY Slip Op 05772, at the official text
the ignition key was in the utility vehicle's glove compartment and hidden from view in compliance with Vehicle and Traffic Law § 1210(a)
2026 NY Slip Op 05772, at the official text
the plaintiff failed to raise a triable issue of fact
2026 NY Slip Op 05772, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 7, 2026 |
| Citation | 2026 NY Slip Op 05772 |
| Area of law | Personal Injury and Negligence |
| Week | Week ending October 10, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05772 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 995 |
Recommended citation
ESQ HQ, New York Law Watch, Grinberg v Vistas of Port Jefferson, LLC, 2026 NY Slip Op 05772 (Appellate Division, Second Department, October 7, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05772/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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