Supreme Court of New York, Appellate Division Affirmed Superior Court’s Decision to Deny Plaintiff’s Motion for Summary Judgment Against Defendant’s Affirmative Defense Alleging Culpable Conduct and Comparative Negligence

In Mora, the defendant’s tractor-trailer collided with the plaintiff’s vehicle when the defendant took a left turn. In order to be entitled to summary judgment, the plaintiff must establish her own freedom from comparative negligence. Here, the defendant has raised a triable issue of fact as to whether the plaintiff was comparatively at fault in the accident. The Supreme Court’s decision to deny the plaintiff’s motion for summary judgment was, therefore, proper and is thus affirmed. 

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