Stevens v. Dorsaneo
This text of 267 A.D.2d 997 (Stevens v. Dorsaneo) 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 reversed on the law without costs and motion granted. Memorandum: Supreme Court abused its discretion in denying defendant’s motion for a bifurcated trial in this personal injury action. Plaintiff did not oppose the motion and thus a fortiori failed to establish the need to depart from the general rule that “issues of liability and damages in a negligence action are distinct and severable issues which should be tried and determined separately” (Martinez v Town of Babylon, 191 AD2d 483, 484; see, Loncz v Blagrove, 254 AD2d 735, 736; Cutsogeorge v Hertz Corp., 239 AD2d 540; see also, 22 NYCRR 202.42 [a]). (Appeal from Order of Supreme Court, Erie County, Notaro, J. — Bifurcate Trial.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Scudder, JJ.
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Cite This Page — Counsel Stack
267 A.D.2d 997, 700 N.Y.S.2d 887, 1999 N.Y. App. Div. LEXIS 13736, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevens-v-dorsaneo-nyappdiv-1999.