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FARRUGGIO v. LAVENDER

2014-02322 Index No. 7361/12

123 A.D.3d 875 (2014)

999 N.Y.S.2d 452

2014 NY Slip Op 08806

ERICA M. FARRUGGIO, Appellant, v. LAUREN LAVENDER, Also Known as LAUREN A. LAVENDER, Respondent.

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

Decided December 17, 2014.

Ordered that the order is affirmed insofar as appealed from, with costs.

"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" (Ramos v Bartis, 112 A.D.3d 804, 804 [2013]; see Thoma v Ronai, 82...

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