Scott v. Pershing Construction Co.

In an action to recover damages for personal injuries, plaintiff appeals from (1) a judgment of the Supreme Court, Nassau County (Christ, J.), dated March 9, 1984, which, after a jury *280trial, was in favor of defendants and (2) an order of the same court, dated May 9, 1984, which denied his motion for a new trial under CPLR 4404.

Judgment and order reversed, plaintiff’s motion granted and new trial directed, with the issues of liability and damages to be tried together, with costs to abide the event.

During the liability phase of the bifurcated trial of this negligence action, plaintiff testified…