Piccione v. Tri-main Development, L.P.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered July 29, 2003. The order denied defendant’s motion to bifurcate the trial.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the motion is granted.
*1087Memorandum: Supreme Court abused its discretion in denying defendant’s motion to bifurcate the trial. “ ‘As a general rule, issues of liability and damages in a negligence action are distinct and severable issues which should be tried separately’ ” (Loncz v Blagrove, 254 AD2d 735, 736…
2Cases cited3 opinions
- Martinez v. Town of BabylonAppellate Division of the Supreme Court of the State of New York · 1993
- Stevens v. DorsaneoAppellate Division of the Supreme Court of the State of New York · 1999
- Delano v. GrazulewiczAppellate Division of the Supreme Court of the State of New York · 2002
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- Castro v. Malia Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2019
- Turnmire v. Concrete Applied Technologies Corp.Appellate Division of the Supreme Court of the State of New York · 2008
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