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PETTY v. DUMONT

3118, 103088/06.

77 A.D.3d 466 (2010)

910 N.Y.S.2d 46

ROBERT SCOTT PETTY et al., Appellants, v. ARNOLD DUMONT et al., Respondents.

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

Decided October 14, 2010.

The motion court erred in finding that the existence of factual issues of comparative fault among the defendants precluded it from awarding the blameless plaintiffs partial summary judgment on the issue of liability, as "the right of an innocent passenger to summary judgment is not in any way restricted by potential issues of comparative negligence" among defendants (Johnson v Phillips, 261 A.D.2d 269, 272 [1999]).

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