New York Appellate Division Makes New Law By Granting Summary Judgment To Defendant On Comparative Fault

New York, N.Y. (January 18, 2023) – In a first-of-its-kind ruling, New York's Appellate Division, First Department has granted summary judgment in favor of a defendant on the issue of a plaintiff's comparative negligence. Lewis Brisbois' New York office handled the matter of Leathers v. Approved Oil Co. of Brooklyn, Inc., decided on January 17, 2023, wherein the plaintiff's decedent was struck and killed by the defendant's fuel truck at a Bronx intersection.

The lower court denied both parties' motions for summary judgment on liability. The Appellate Division modified and held: "defendants should have been granted partial summary judgment on the issue of decedent's negligence, given the uncontroverted fact that she was crossing against the light while defendant driver had a green light in his favor." Further, "the issues of whether decedent was solely at fault or whether the parties were comparatively negligent will be determined at trial," citing Rodriguez v. City