Ramjattan v. Auringer

Summary

The Appellate Division, Second Department, reversed an order granting the plaintiff summary judgment dismissing the defendants' affirmative defenses of comparative negligence. The court held that the plaintiff's affidavit did not eliminate all triable issues of fact concerning whether he was free from comparative negligence and denied that branch of the plaintiff's motion.

Holdings

1. The issue of a plaintiff's comparative negligence may be decided on a summary judgment motion when the plaintiff seeks dismissal of a defendant's affirmative defense alleging comparative negligence and culpable conduct by the plaintiff.
2. The plaintiff was not entitled to summary judgment dismissing the defendants' comparative-negligence defenses because his affidavit failed to eliminate all triable issues of fact as to whether he was free from comparative negligence.

Questions Presented

1. Whether a plaintiff's comparative negligence may be resolved on the plaintiff's motion for summary judgment dismissing a defendant's affirmative defense alleging comparative negligence.
2. Whether the plaintiff established prima facie entitlement to summary judgment dismissing the defendants' comparative-negligence defenses by eliminating all triable issues of fact as to his own freedom from comparative negligence.

Disposition

reversed