HOLLIS v. MARINELLI

2015-09584, Index No. 52976/14.

149 A.D.3d 922 (2017)

2017 NY Slip Op 02974

52 N.Y.S.3d 444

VEVELINE HOLLIS, as Administratrix of the Estate of OLLIE MAE ERVIN, Deceased, Appellant, v. WILLIAM L. MARINELLI et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 19, 2017.


Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment on the issue of liability is granted.

"To prevail on a motion for summary judgment on the issue of liability in an action alleging negligence, a plaintiff has the burden of establishing, prima facie, not only that the defendant was negligent, but that the plaintiff was free from comparative fault, since there can be more than one proximate cause of an accident...

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