BOKUM v. SERA SECURITY SERVICES LLC (2018)

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered on or about October 13, 2017, which granted plaintiff's motion for summary judgment on liability, and dismissed defendants' affirmative defense of comparative negligence, unanimously affirmed, without costs.

The court properly granted plaintiff's motion for summary judgment on the issue of defendants' liability.  Plaintiff's affidavit indicated that she was crossing the street in the crosswalk with a green light, when she was struck by defendants' vehicle.  The defendant driver's affidavit did not dispute these facts, and the police accident report stated that the driver mistakenly believed that he had the right of way.  This evidence demonstrated defendants' negligence as a matter of law.

Defendants' argument that there is an issue of fact as to plaintiff's comparative negligence goes to damages and is not a defense to plaintiff's prima facie case (see Rodriguez v. City of New York, 31 N.Y.3d 312, 317–319, 76 N.Y.S.3d 898, 101 N.E.3d 366 [2018] ).  In any event, defendants failed to raise a triable issue of fact regarding plaintiff's comparative negligence as to damages.

We have considered defendants' remaining contentions and find them unavailing.