Does a plaintiff have to prove comparative negligence if they are injured in a motor vehicle accident?
"New York", United States of America
The following excerpt is from Rios v. Rivers, 2021 NY Slip Op 30791 (U) (N.Y. Sup. Ct. 2021):
New York, 31 N.Y.3d 312, 76 N.Y.S.3d 898 [2018 N.Y. Slip Op. 02287]). However, the issue of a plaintiff's comparative negligence may be decided in the context of a summary judgment motion where the plaintiff moved for summary judgment dismissing a defendant's affirmative defense of comparative negligence (see Poon v. Nisanov, 162 A.D.3d 804, 808, 79 N.Y.S.3d 227 [2 Dept., 2018]).
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