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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
CourtAppellate Division, Second Department
DecidedOctober 7, 2026
Citation2026 NY Slip Op 05772
Area of lawPersonal Injury and Negligence
WeekWeek ending October 10, 2026
Official textOfficial decision: 2026 NY Slip Op 05772
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id995

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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Published October 7, 2026. Updated October 7, 2026.