CPLR 1411 – Pospis Law, PLLC

April 5, 2018 by mjpospis

NY Court of Appeals Holds That a Plaintiff Does Not Bear the Burden of Demonstrating Freedom From Comparative Negligence

From Rodriguez v. City of New York, 2018 NY Slip Op 02287 (April 3, 2018): This appeal requires us to answer a question that has perplexed courts for some time: Whether a plaintiff is entitled to partial summary judgment on the issue of a defendant’s liability, when, as here, defendant has arguably raised an issue of fact…

First Department: Personal Injury Plaintiff Must Show Freedom From Comparative Fault in Order to Win Summary Judgment on Liability

In Rodriguez v. City of New York, 2016 NY Slip Op 05943 (App. Div. 1st Dept. Sept. 1, 2016), the court held that a plaintiff moving for summary judgment on liability must demonstrate, as a matter of law, that s/he is free from comparative fault. From the decision: In this case, we are revisiting a vexing…

Failed Manhattan Building Jump Attempt Results in Death of NYC Teen Natalie Jimenez

The tragic story of the death of 15-year-old Natalia Jimenez is making the rounds. The New York Times reports, for example, that Ms. Jimenez died on Friday (1/15/16) afternoon after she tried to jump from one rooftop to another in Manhattan’s Hell’s Kitchen neighborhood. The Times article continues: A neighbor chastised [Natalia and her two friends],…