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Comparative Negligence: Affirmative Defense to Intentional Torts?

, New York Law Journal

Andrew T. Gardner, a partner at Fried, Frank, Harris, Shriver & Jacobson, writes that some practitioners assume that comparative negligence and similar affirmative defenses (i.e., those that charge the plaintiff with some culpability for its losses) are unavailable as a matter of law in connection with an intentional tort. In fact, however, New York law on this important issue is unsettled.

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