Comparative Fault and CPLR 1411(b)

• October 28, 2026 Second Department

  Pedestrian Struck in a Brooklyn Crosswalk: Comparative Negligence Defense Dismissed Because the Defense Conceded Full Liability (Cuautle-Rosas v Caprio, 2d Dept 2026)

  When the defense in a crash case concedes full liability, its claim that the injured person was partly at fault should be dismissed. Here, the Second Department held that the comparative negligence defense should have been dismissed in the case of a woman struck by a car while walking in a Brooklyn crosswalk, and required the driver’s wife and son to give depositions, but it did not strike the defendant’s answer over video disclosed late, and it did not allow a demand for punitive damages.

  Vehicle and TrafficComparative Fault and CPLR 1411(b)Spoliation and Evidence

• October 21, 2026 Second Department

  Rear-End Crash Goes to Trial: Other Driver Swore the Car Ahead Stopped Suddenly “for No Apparent Reason” (Ruiz v Town of Southampton, 2d Dept 2026)

  In New York, a driver who rear-ends a stopped or stopping vehicle is presumed negligent and must give a non-negligent explanation for the crash. Here, the Second Department affirmed the denial of an injured driver’s motion for summary judgment on fault, because the other driver’s sworn statement that the plaintiff made “a sudden stop for no apparent reason” conflicted with the plaintiff’s account.

  Vehicle and TrafficSummary JudgmentComparative Fault and CPLR 1411(b)

• October 20, 2026 First Department

  Left Turn Around a Truck Blocking the Intersection: Turning Driver’s Claim Reinstated (Sanchez-Rodriguez v Bruce, 1st Dept 2026)

  A driver turning left must generally yield to oncoming traffic, but a driver with a green light must also yield to other traffic lawfully within the intersection, so a left turn does not automatically mean the turning driver was at fault. Here, the First Department reinstated a left-turning driver’s claim because the record did not conclusively show which driver had to yield after a concrete truck blocked the intersection.

  Vehicle and TrafficSummary JudgmentComparative Fault and CPLR 1411(b)

• October 14, 2026 Second Department

  Rear-End Crash: Passengers Win on Fault Before Depositions Despite the Truck Driver’s Later Affidavit (Escobar v Sanchez, 2d Dept 2026)

  When a vehicle that is stopped or slowing is hit from behind, the rear driver is presumed negligent and must give a non-negligent explanation for the crash. Here, the Second Department affirmed summary judgment on fault for two passengers in a car struck in the rear by a tractor-trailer, holding that the truck driver’s affidavit, which contradicted his statements recorded in the police accident report, raised only a “feigned issue of fact,” and that the motions were not premature.

  Vehicle and TrafficSummary JudgmentComparative Fault and CPLR 1411(b)

All Decision Day entries

Decision Day summarizes and comments on published court decisions. It is general information, not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its own facts. Unless an entry says otherwise, The Eskesen Law Firm did not represent any party in these cases.