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. While the plaintiff need not establish the absence of comparative fault, the issue of a plaintiff's comparative negligence may be decided on a summary judgment motion where, as here, the plaintiff moves for summary judgment dismissing the defendant's affirmative defense of comparative negligence.
Hai Ying Xiao v. Martinez, NY Slip Op 04295 (2d Dep't July 29, 2020
