Practice point: To establish, as a matter of law, that he was free from comparative negligence, plaintiff must state in his initial affidavit that he used reasonable care in entering the crosswalk where the accident happened.
Students should note that plaintiff's failure to make a prima facie showing requires the denial of summary judgment, regardless of the sufficiency of the opposition papers.
Case: Lum v. Wallace, NY Slip Op 01625 (2d Dept. 2010)
The opinion is here.
Tomorrow's issue: Real Estate Law.
