By now, most plaintiffs and defendants in the negligence arena are familiar with the Court of Appeals decision, Rodriguez v. City of New York, 31 N.Y.3d 312 (2018). It has reshaped the landscape of negligence litigation and is already the subject of much commentary.

The Rodriguez Court held, “[t]o be entitled to a partial summary judgment a plaintiff does not bear the double burden of establishing a prima facie case of defendant’s liability and the absence of his or her own comparative fault” Rodriguez, supra at 324-325.