Ramos v. Bartis
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Phelan, J.), entered August 28, 2012, which granted the plaintiffs motion for summaxy judgment on the issue of liability.
Ordered that the order is affirmed, with costs.
To prevail on a motion for summary judgment on the issue of liability in an action alleging negligence, a plaintiff has the burden of establishing, prima facie, not only that the defendant was negligent, but that the plaintiff was free from comparative fault (see Thoma v Ronai, 82 NY2d…
2Cases cited8 opinions
- Thoma v. RonaiNew York Court of Appeals · 1993
- Reyes v. Arco Wentworth Management Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Pollack v. MargolinAppellate Division of the Supreme Court of the State of New York · 2011
- Lu Yuan Yang v. Howsal Cab Corp.Appellate Division of the Supreme Court of the State of New York · 2013
- Buchinger v. Jazz Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 2012
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3Cited by29 opinions
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- Sirlin v. SchreibAppellate Division of the Supreme Court of the State of New York · 2014
- Brown v. MackiewiczAppellate Division of the Supreme Court of the State of New York · 2014
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