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RODRIGUEZ v. CITY OF NEW YORK

No. 32.

31 N.Y.3d 312 (2018)

2018 NY Slip Op 02287

101 N.E.3d 366

76 N.Y.S.3d 898

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

Court of Appeals of New York.

Decided April 3, 2018.

Attorney(s) appearing for the Case

Kelner & Kelner, Esqs., New York City ( Joshua D. Kelner of counsel), for appellant.

Zachary W. Carter , Corporation Counsel, New York City ( Richard Dearing , Tahirih M. Sadrieh and Claude S. Platton of counsel), for respondent.

Andrew Zajac , Rona L. Platt , Brendan T. Fitzpatrick and Lisa L. Gokhulsingh , Amicus Curiae Committee of the Defense Association of New York, Inc., and Heather Wiltshire Clement, Defense Association of New York, Inc., for Defense Association of New York, Inc., amicus curiae.

OPINION OF THE COURT

This appeal requires us to answer a question that has perplexed courts for some time: Whether a plaintiff is entitled to partial summary judgment on the issue of a defendant's liability, when, as here, defendant has arguably raised an issue of fact regarding...

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