Rodriguez v. City of New York

State of New York OPINION Court of Appeals This opinion is uncorrected and subject to revision before publication in the New York Reports. No. 32 Carlos Rodriguez, Appellant, v. City of New York, Respondent. Joshua D. Kelner, for appellant. Richard Dearing, for respondent. Defense Association of New York, Inc., amicus curiae. FEINMAN, J.: 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…