Eccleston v. New York City Health & Hospital Corp.

In an action, inter alia, to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Rings County (Clemente, J.), dated January 21, 2000, which granted the plaintiffs’ motion for judgment on the issue of liability and the damages previously approved by this Court, and to sever those claims for damages which were directed for retrial by this Court.

Ordered that the order is affirmed, with costs.

Initially, the defendant’s contention that the Supreme Court had no authority to sever the plaintiffs’ claims for those damages which this Court directed to be…