Greaves v. Zerillo

Summary

The Appellate Division, Second Department, affirmed an order denying the plaintiff's motion for summary judgment dismissing the defendant's comparative-negligence affirmative defense in a motor-vehicle personal-injury action. The court held that the plaintiff's affidavit did not establish prima facie that he was free from comparative fault because a driver with the right-of-way must still exercise reasonable care to avoid a collision.

Holdings

1. The plaintiff was not entitled to summary judgment dismissing the defendant's comparative-negligence affirmative defense because his affidavit failed to provide sufficient details to establish prima facie that he was not comparatively at fault in causing the accident.

Questions Presented

1. Whether the plaintiff established prima facie entitlement to summary judgment dismissing the defendant's affirmative defense alleging comparative negligence.
2. Whether the plaintiff, despite having the right-of-way, had a duty to exercise reasonable care to avoid a collision with a vehicle already in the intersection.

Disposition

affirmed