Kasprzak v. Delaware YMCA
This text of 289 A.D.2d 1002 (Kasprzak v. Delaware YMCA) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order unanimously affirmed without costs. Memorandum: Supreme Court properly exercised its discretion in rescinding its prior order for a bifurcated trial. As the court noted, the case was relatively uncomplicated, several of the same witnesses would be required to testify at both the liability and damages trials, and only one expert witness was expected to testify at the damages trial. Thus, defendant did not demonstrate that bifurcation would lead to a “more expeditious resolution of the action” (22 NYCRR 202.42 [a]). (Appeal from Order of Supreme Court, Erie County, Mahoney, J. — Bifurcate Trial.) Present — Pigott, Jr., P. J., Hayes, Wisner, Scudder and Burns, JJ.
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Cite This Page — Counsel Stack
289 A.D.2d 1002, 735 N.Y.S.2d 445, 2001 N.Y. App. Div. LEXIS 12569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kasprzak-v-delaware-ymca-nyappdiv-2001.