RODRIGUEZ v. CITY OF NEW YORK

109444/11, 16337N, 16336.

142 A.D.3d 778 (2016)

37 N.Y.S.3d 93

CARLOS RODRIGUEZ, Appellant-Respondent, v. CITY OF NEW YORK, Respondent-Appellant.

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

Decided September 1, 2016.


In this case, we are revisiting a vexing issue regarding comparative fault: whether a plaintiff seeking summary judgment on the issue of liability must establish, as a matter of law, that he or she is free from comparative fault. This issue has spawned conflicting decisions between the judicial departments, as well as inconsistent decisions by different panels within this Department. The precedents cited by the dissent have, in fact, acknowledged as much. After a review of...

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