In a negligence action, a plaintiff moving for summary judgment on the issue of liability must establish, prima facie, that the defendant breached a duty owed to the plaintiff and that the defendant's negligence was a proximate cause of the alleged injuries. The plaintiff does not have the burden of establishing the absence of his own comparative negligence. However, the issue of the plaintiff's comparative negligence may be decided on summary judgment where the plaintiff seeks dismissal of an affirmative defense alleging comparative negligence.
Jean-Pierre v. Wang Chiang Ho, NY Slip Op 03709 (2d Dep't June 18, 2025)
