Nord v. Rice

1 Citing case

  1. Gervasi v. FSP 787 Seventh LLC

    2023 N.Y. Slip Op. 31376 (N.Y. Sup. Ct. 2023)

    In opposition, FSP 787 Seventh LLC, Fifth Street Property i/s/h/a Fifth Street Properties LLC, Sidley Austin LLP, and Structure Tone LLC contend that whether plaintiff was comparatively negligent is a question of fact. However, other than speculating that a question of fact exists as to plaintiff's own negligence, these defendants fail to cite to any location in the record or testimony which suggests that plaintiff's personal conduct caused or contributed to his accident (see Nord v Rice, 2019 NY Slip Op 31711 (U) (Sup Ct, New York County, 2019) (holding defendants have failed to present any evidence as to plaintiff's negligence and plaintiff's comparative negligence may be determined in a motion for summary judgment when plaintiff has moved to dismiss defendants' affirmative defense of comparative negligence)).