Medina v. Rodriguez, 2012 N.Y. Slip Op. 01438 (2d Dept. 2012)
This one caught my radar because it was an odd yet seemingly potent motion. This was an awesome motion in my opinion.
“The right of an innocent passenger to summary judgment on the issue of whether he or she was at fault in the happening of an accident is not restricted by potential issues of comparative negligence as between two defendant drivers (see CLPR 3212[g]). The plaintiff made a prima facie showing that he did not engage in any culpable conduct that contributed to the happening of the accident”
