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ALTHOUGH THE DRIVER’S MOTHER HAD PURCHASED AND INSURED THE CAR AT THE TIME OF THE ACCIDENT, THE SELLER’S REGISTRATION PLATES WERE STILL ON THE CAR, THE SELLER WAS ESTOPPED FROM DENYING OWNERSHIP (FOURTH DEPT).

The Fourth Department determined defendant Buffalo Auto Rental (BAR) was estopped from denying ownership of the vehicle in which plaintiff, a passenger, was injured. Although the driver’s (Mayfield’s) mother (Julie Robertson) had purchased the car and had insured it, it was still had BAR’s registration plates on it at the time of the accident. The court noted that BAR’s summary judgment motion papers included Mayfield’s deposition testimony in which Mayfield claimed he was driving fast to escape another driver who was acting aggressively. The testimony raised a question of fact about the availability of the emergency defense, precluding summary judgment on the issue of Mayfield’s negligence without the need to consider the opposing papers:

… [T]he court properly determined that BAR was estopped from denying ownership of the vehicle as a matter of law. Even assuming, arguendo, that it was the intention of BAR and Robertson that Robertson was to be the legalowner of the vehicle after she executed the bill of sale and took physical possession of the vehicle … , we conclude that the issue of legal ownership is not determinative. “Whether or not [BAR] was still the owner of the motor vehicle at the time of the accident need not be determined; [BAR], having left [its] registration plates on the motor vehicle, is estopped to deny [its] ownership” as against plaintiff … . Contrary to BAR’s contention, the fact that Robertson had obtained insurance for the vehicle does not mandate a different result inasmuch as the public policy reasons for the estoppel doctrine are not limited to issues of insurance coverage … . White v Mayfield, 2018 NY Slip Op 03270, Fourth Dept 5-4-18

​NEGLIGENCE (TRAFFIC ACCIDENTS, ALTHOUGH THE DRIVER’S MOTHER HAD PURCHASED AND INSURED THE CAR AT THE TIME OF THE ACCIDENT, THE SELLER’S REGISTRATION PLATES WERE STILL ON THE CAR, THE SELLER WAS ESTOPPED FROM DENYING OWNERSHIP (FOURTH DEPT))/TRAFFIC ACCIDENTS  (TRAFFIC ACCIDENTS, ALTHOUGH THE DRIVER’S MOTHER HAD PURCHASED AND INSURED THE CAR AT THE TIME OF THE ACCIDENT, THE SELLER’S REGISTRATION PLATES WERE STILL ON THE CAR, THE SELLER WAS ESTOPPED FROM DENYING OWNERSHIP (FOURTH DEPT)/VEHICLE AND TRAFFIC LAW (TRAFFIC ACCIDENTS, REGISTRATION PLATES, ALTHOUGH THE DRIVER’S MOTHER HAD PURCHASED AND INSURED THE CAR AT THE TIME OF THE ACCIDENT, THE SELLER’S REGISTRATION PLATES WERE STILL ON THE CAR, THE SELLER WAS ESTOPPED FROM DENYING OWNERSHIP (FOURTH DEPT))/REGISTRATION PLATES (TRAFFIC ACCIDENTS, ALTHOUGH THE DRIVER’S MOTHER HAD PURCHASED AND INSURED THE CAR AT THE TIME OF THE ACCIDENT, THE SELLER’S REGISTRATION PLATES WERE STILL ON THE CAR, THE SELLER WAS ESTOPPED FROM DENYING OWNERSHIP (FOURTH DEPT))/VEHICLES (OWNERSHIP, TRAFFIC ACCIDENTS, ALTHOUGH THE DRIVER’S MOTHER HAD PURCHASED AND INSURED THE CAR AT THE TIME OF THE ACCIDENT, THE SELLER’S REGISTRATION PLATES WERE STILL ON THE CAR, THE SELLER WAS ESTOPPED FROM DENYING OWNERSHIP (FOURTH DEPT))

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