Rodriguez v. City of New York Makes Plaintiff’s Negligence Personal Injury Actions Partial Summary Judgment Motions Success Easier

“This appeal requires us to answer a question that has perplexed courts for some time: Whether a plaintiff is entitled to partial summary judgment on the issue of a defendant’s liability, when, as here, defendant has arguably raised an issue of fact regarding plaintiff’s comparative negligence. Stated differently, to obtain partial summary judgment in a comparative negligence case, must plaintiffs establish the absence of their own comparative negligence. We hold that a plaintiff does not bear that burden.”  Rodriguez v City of New York, 2018 NY Slip Op 02287, Decided on April 3, 2018, New York Court of Appeals. Feinman, J.

http://www.nycourts.gov/reporter/3dseries/2018/2018_02287.htm

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