Miller v. Howard

Appeal from an order of the Supreme Court, Cattaraugus County (Paula L. Feroleto, J.), entered October 31, 2014. The order granted the motion of plaintiff pursuant to CPLR 603 for a separate trial on the issue of the negligence of defendant Amore’s Used Cars & Repairs, Inc.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained when the vehicle in which he was a passenger collided with a tree. Plaintiff alleged theories of liability with respect to the collision, and he…