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GIDEON v. FLATLANDS BEVERAGE DISTRIBUTORS, INC.

59 A.D.3d 596 (2009)

872 N.Y.S.2d 920

YOLY GIDEON et al., Appellants, v. FLATLANDS BEVERAGE DISTRIBUTORS, INC., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 17, 2009.

Ordered that the order is affirmed, with costs.

The plaintiffs failed to demonstrate their entitlement to judgment as a matter of law on the issue of the injured plaintiff's lack of comparative negligence (see Thoma v Ronai, 82 N.Y.2d 736, 737 [1993], affg 189 A.D.2d 635, 635-636 [1993]; Cator v Filipe, 47 A.D.3d 664 [2008]; compare Hoey...

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