ça passe... ou ça casse !
For sure everyone is involved in an aircraft accident/incicent, ATC , the ground car, the Comair, AF PIC, JFK airport authority, etc...
However you can be sure, that if the AF crew was not be be blamed at all, Air France would have communicated already on this, as this event is making the buzz also in France, and they can't hide it like the AF330/380 incident in CDG a few months ago).
Only the AF A380 CVR will give a good answer, did they actually see the comair aircraft ? and/or discussed would it be clear or not ?!?
IF on the CVR there is something like FO saying " çà passe avec le petit jet à gauche ?" (it is ok with the small jet on the left) and Captain answers : c'est bon çà passe (it's Ok it will fit)... then deep **** for AF....