Sharply Divided Court of Appeals Removes Hurdle for Tort Plaintiffs to Gain Summary Judgment | New York Law Journal

By Andrew Denney

Ruling on an issue that has divided New York judges and “perplexed courts for some time,” a split Court of Appeals ruled that plaintiffs in comparative negligence cases need not bear the “double burden” of disproving their own negligence to win on summary judgment.

The high court’s 4-3 ruling clears up an issue that has bedeviled New York courts for decades, which has resulting in inconsistent case law on the issue of whether plaintiffs have to show that they are free of negligence to succeed on a summary judgment motion when determining a defendant’s liability.

Writing for the majority, Judge Paul Feinman said placing the burden on the plaintiff, a New York City sanitation worker injured on the job who sued the city government, to show an absence of fault is inconsistent with a state statute, which since 1975 has directed courts to assess a plaintiff’s comparative negligence only at the damages stage.

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