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THAT PLAINTIFF IN A TRAFFIC ACCIDENT CASE DID NOT HAVE A PROPER DRIVER’S LICENSE DOES NOT RAISE A QUESTION OF FACT ABOUT PLAINTIFF’S COMPARATIVE NEGLIGENCE (FIRST DEPT).

The Frist Department, reversing Supreme Court, noted that the fact that plaintiff in this traffic accident case did not have a proper driver’s license at the time of the accident did not raise a question of fact about plaintiff’s purported comparative negligence:

… [T]hat plaintiff was driving without a proper driver’s license does not provide a basis for finding an issue of fact as to comparative negligence (see Huff v Rodriguez, 88 AD3d 1274, 1275 [4th Dept 2011] …”[“the absence or possession of a driver’s license is not relevant to the issue of negligence”]). Torres v Occhino, 2026 NY Slip Op 03412, First Dept 6-2-25

Practice Point: In a traffic accident case, the fact that plaintiff did not have a proper driver’s license does not raise a question of fact about plaintiff’s purported comparative negligence.

 

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