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McLAUGHLIN v. LUNN

2015-02833, Index No. 601901/14.

137 A.D.3d 757 (2016)

26 N.Y.S.3d 338

2016 NY Slip Op 01471

MADILINE R. McLAUGHLIN, Respondent, v. KEVIN P. LUNN et al., Appellants.

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

Decided March 2, 2016.

Ordered that the order is affirmed, with costs.

A plaintiff in a personal injury action who moves for summary judgment on the issue of liability has the burden of establishing, prima facie, both that the defendant was negligent and that he or she was free from comparative fault (see Thoma v Ronai, 82 N.Y.2d 736, 737 [1993]; Matos v Tai, 124 A.D.3d 848 [2015]; France Herly Bien...

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