Rodriguez v. City of N.Y.
Court for the Trial of Impeachments and Correction of Errors
1Opinion of the CourtFeinman, J.
***315This 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.
I
Plaintiff Carlos Rodriguez was employed by the New York City Department of…
2Cases cited27 opinions
- Pension Benefit Guaranty Corporation v. LTV Corp.Supreme Court of the United States · 1990
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Boreali v. AxelrodNew York Court of Appeals · 1987
- Thoma v. RonaiNew York Court of Appeals · 1993
- Albany Law School v. New York State Office of Mental Retardation & Developmental DisabilitiesNew York Court of Appeals · 2012
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