As of April 3, 2018, plaintiffs in New York can win summary judgment and no longer bear the double burden of establishing a prima facie case of defendant’s liability, and the absence of plaintiff’s own comparative fault. See Rodriguez v. City of New York, 2018 NY LEXIS 793, 6-10; 2018 NY Slip Op 02287 decided April 3, 2018, Court of Appeals, by Feinman, J.

Plaintiffs in New York may now win partial summary judgment against a defendant by showing the following:  (1) that the defendant was negligent, and (2) that the defendant’s negligence was a proximate cause of the plaintiff’s injury. See id.

The takeaway:  New York plaintiffs no longer have to show a complete lack of comparative negligence on the part of the plaintiff, to prevail on a motion for summary judgment.