Practice point: A defendant moving for summary judgment in a negligence action has the burden of establishing, prima facie, that he or she was not at fault in the happening of the accident.
Student note: Since there can be more than one proximate cause of an accident, it is for the trier of fact to determine the issue of proximate cause.
Case: Searless v. Karczewski, NY Slip Op 06393 (2d Dep't August 30, 2017)
Here is the decision.
Tomorrow's issue: A multiple dwelling's owner's duty of care.
