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LUTZ v. DEFABIO

2015-11363, Index No. 600711/15.

140 A.D.3d 1032 (2016)

33 N.Y.S.3d 741

2016 NY Slip Op 04917

MAEGAN LUTZ, Respondent, v. DANIEL C. DEFABIO et al., Appellants.

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

Decided June 22, 2016.

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 denied.

A plaintiff in a personal injury action who moves for summary judgment on the issue of liability has the burden of establishing, prima facie, both that the defendant was negligent and that he or she was free from comparative fault (see Thoma v Ronai, 82...

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