Johnson v. Hudson River Construction Co.

Appeal from an order of the Supreme Court (Canfield, J.), entered March 24, 2004 in Rensselaer County, which denied certain defendants’ motion to bifurcate the trial.

A dump truck backed up and struck plaintiffs decedent, causing injuries which led to his death. When plaintiff’s action neared trial, defendants Hudson River Construction Company, Inc. and Albany Asphalt and Aggregates Corporation (hereinafter collectively referred to as defendants) moved to bifurcate the liability and damages phases of the trial. Supreme Court denied the motion, prompting defendants to appeal.

We affirm. CPLR 603…