Rodriguez v. City of New York

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A plaintiff does not bear the burden of establishing the absence of their own comparative negligence in order to obtain partial summary judgment in a comparative negligence case. After commencing this negligence action against the City of New York, Plaintiff moved for partial summary judgment on the issue of the City’s liability. Supreme Court denied the motion, concluding that there were triable issues of fact regarding foreseeability, causation, and Plaintiff’s comparative negligence. The Appellate Division affirmed, holding that Plaintiff was not entitled to partial summary judgment on the issue of liability because he failed to make a prima facie showing that he was free of comparative negligence. The Court of Appeals reversed, holding that to be entitled to partial summary judgment, a plaintiff does not bear the double burden of establishing a prima facie case of the defendant’s liability and the absence of his or her own comparative fault. View "Rodriguez v. City of New York" on Justia Law