Soto-Bay v. Prunty

Tom, J.E, and Feinman, J.,

dissent in a memorandum by Feinman, J., as follows: I respectfully dissent because there is an issue of fact whether defendant Deanna Daniel’s comparative negligence contributed to the accident.

To obtain summary judgment on the issue of liability in a negligence action, the movant must eliminate any material issue, not only as to the nonmoving party’s negligence, but also as to whether its own negligence contributed to the accident (see Thoma v Ronai, 82 NY2d 736 [1993]; Calcano v Rodriguez, 91 AD3d 468, 469 [1st Dept 2012]). While I agree with the majority that…