Cruz v. St. Luke-Roosevelt Hospital Center

—Judgment, Supreme Court, New York County (Robert Lippmann, J.), entered December 29, 1999, for defendant-respondent and against plaintiffs, upon a jury verdict in favor of defendant-respondent on the issue of liability, unanimously affirmed, without costs.

The trial court properly exercised its discretion in bifurcating this medical malpractice/wrongful death action since the questions of liability and damages were discrete (see, CPLR 603, 4011; 22 NYCRR 202.42 [a]; Mercado v City of New York, 25 AD2d 75). In addition, since the court had not yet determined whether the same jury would be…