June 8, 2026

Summary judgment

Defendants cannot sustain their prima facie burden on their summary judgment motion merely by pointing to other possible causes of the crash, as there can be more than one proximate cause of an accident and there is no requirement that a plaintiff exclude every possible cause other than a defendant's breach of duty. 

DeRobertis v. City of New York, NY Slip Op 03505 (1st Dep't June 4, 2026)

Here is the decision.