HEDIAN v. MTLR CORP.

8559. 155473/17.

169 A.D.3d 620 (2019)

92 N.Y.S.3d 880

2019 NY Slip Op 01502

Wendell Hedian, Respondent, v. MTLR Corp. et al., Defendants, and Jack L. Spraker, Doing Business as Glove City Transportation, et al., Appellants.

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

Decided February 28, 2019.


While plaintiff is correct that he demonstrated his own absence of negligence in connection with the accident and Supreme Court properly dismissed defendants-appellants' affirmative defenses premised upon his purported comparative fault, Supreme Court should have denied his motion to the extent that it sought summary judgment on the issue of defendants-appellants' negligence, because Parese's affidavit demonstrates that there are...

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