Hrusa v. Bogdan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court abused its discretion in denying defendants’ motion to bifurcate the trial. Issues of liability and damages in a negligence action are distinct and severable issues that should be tried and determined separately unless plaintiffs injuries have an important bearing on the issue of liability (see, Armstrong v Adelman Automotive Parts Distrib. Corp., 176 AD2d 773). Upon our review of the record, we conclude that plaintiffs injuries are not probative of defendants’ alleged negligence, and thus…
2Cases cited3 opinions
- Armstrong v. Adelman Automotive Parts Distribution Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- Loncz v. BlagroveAppellate Division of the Supreme Court of the State of New York · 1998
- Guizzotti v. EnglishAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by7 opinions
- Mazur v. MazurAppellate Division of the Supreme Court of the State of New York · 2001
- Wesselenyi v. SantiagoAppellate Division of the Supreme Court of the State of New York · 2001
- Delano v. GrazulewiczAppellate Division of the Supreme Court of the State of New York · 2002
- Dirschedl v. BlumAppellate Division of the Supreme Court of the State of New York · 2005
- DEANGELIS, WILLIAM JOSEPH v. MARTENS FARMS, LLCAppellate Division of the Supreme Court of the State of New York · 2013
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