Czumaj v. Borzelleri

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court should have granted plaintiffs’ motion to the extent that it sought partial summary judgment on the issue of liability. "While negligence cases do not generally lend themselves to resolution by motion for summary judgment, such a motion will be granted where, as here, the facts clearly point to the negligence of one party without any fault or culpable conduct by the other party” (Morowitz v Naughton, 150 AD2d 536, 537; see also, Dawkins v Craig, 216 AD2d…