The Court of Appeals of New York State on April 3, 2018 in a split decision held that plaintiffs are entitled to partial summary judgment on the issue of defendants liability without the burden of establishing the absence of their comparative negligence. This is a major holding from the highest Court in New York and now the law of the entire State of New York on this particular legal issue. Judge Feinman wrote the decision for the majority of the Court.
Carlos Rodriguez, Appellant, v City of New York, Respondent. FEINMAN, J. 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 [...]