NY Court of Appeals Holds That a Plaintiff Does Not Bear the Burden of Demonstrating Freedom From Comparative Negligence

From Rodriguez v. City of New York, 2018 NY Slip Op 02287 (April 3, 2018):

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.

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