First Department Decision Of Note

Tselebis v. Ryder Truck Rental - First Department reversed and granted summary judgment to the plaintiff on liability even though there were questions of fact as to the plaintiff’s negligence. The Court held that despite cases suggesting otherwise freedom from comparative negligence is not a required component of a plaintiff's prima facie showing on a motion for summary judgment. The case has been remanded for a trial on damages “to encompass the issues of plaintiff's culpable conduct and the extent to which his recovery diminished in proportion thereto.”