Practice point: To prevail on the motion on the issue of liability, a plaintiff has the burden of establishing,
prima facie, not only that the defendant was negligent, but also that he
or she was free from comparative fault.
Student note: The movant bears the initial burden of
establishing prima facie entitlement to such relief, tendering
sufficient evidence to eliminate any material issues of fact from the
case.
Case: Anjum v. Bailey, NY Slip Op 08792 (2d Dept. 2014)
Here is the decision.
Friday's issue: Snow, ice, and a homeowner's liability.
