November 26, 2024

Motions for summary judgment.

While a plaintiff is not required to establish freedom from comparative negligence to be entitled to summary judgment on the issue of liability, the issue of a plaintiff's comparative negligence may be decided in the context of a summary judgment motion where the plaintiff moves for summary judgment dismissing a defendant's affirmative defense alleging comparative negligence and culpable conduct on the part of the plaintiff.

Houston v. McQuiller, NY Slip Op 05594 (2d Dep't November 13, 2024)

Here is the decision.