In this action to recover damages for personal injuries, the defendant appeals from an order that granted that branch of the plaintiff's motion which was for summary judgment on the issue of liability. To the extent that the parties raise arguments regarding the remaining branch of the plaintiff's motion which was for summary judgment dismissing the defendant's third affirmative defense, alleging comparative negligence, that branch of the motion was not addressed by the Supreme Court and, therefore, remains pending and undecided.
Zai Guang Chen v. Tak Yung Cheng, NY Slip Op 06159 (2d Dep't November 2, 2022)
