BROWN v. MacKIEWICZ

2014-01890

120 A.D.3d 1172 (2014)

992 N.Y.S.2d 314

2014 NY Slip Op 06046

PRISCILLA BROWN, Appellant, v. ELIZABETH MacKIEWICZ et al., Respondents.

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

Decided September 10, 2014.


Ordered that the order is reversed insofar as appealed from, 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...

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