In a negligence action, 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. The plaintiff does not bear the burden of establishing the absence of his own comparative fault.
E.B. v. Gonzalez, NY Slip Op 04942 (2d Dep't August 17, 2022)
