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SALE v. LEE

49 A.D.3d 854 (2008)

853 N.Y.S.2d 888

FONTINA SALE et al., Appellants, v. GARY LEE et al., Respondents.

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

Decided March 25, 2008.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the evidence submitted by the plaintiffs did not establish, as a matter of law, that the injured plaintiff was free from comparative negligence (see Thoma v Ronai, 82 N.Y.2d 736, 737 [1993]; Cator v Filipe, 47 A.D.3d 664 [2008]; Albert v Klein, 15 A.D.3d 509

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