Legal Opinion

Rodriguez v. City of N.Y.

Court for the Trial of Impeachments and Correction of Errors

Decided April 3, 2018No. 32PublishedCited by 296 opinions

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

  1. Pension Benefit Guaranty Corporation v. LTV Corp.Supreme Court of the United States · 1990
  2. Dole v. Dow Chemical Co.New York Court of Appeals · 1972
  3. Boreali v. AxelrodNew York Court of Appeals · 1987
  4. Thoma v. RonaiNew York Court of Appeals · 1993
  5. Albany Law School v. New York State Office of Mental Retardation & Developmental DisabilitiesNew York Court of Appeals · 2012

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3Cited by296 opinions

  1. Sapienza v. HarrisonAppellate Division of the Supreme Court of the State of New York · 2021
  2. Seizeme v. LevyAppellate Division of the Supreme Court of the State of New York · 2022
  3. Marazita v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2022
  4. Maliakel v. MorioAppellate Division of the Supreme Court of the State of New York · 2020
  5. Perez v. PersadAppellate Division of the Supreme Court of the State of New York · 2020

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