Rabin v. Brooklyn Trust Co.

Motion by plaintiffs for an order, pursuant to section 443 of the Civil Practice Act, directing a separate trial of the issue of liability for negligence prior to the trial of the issue of damages.

Subdivision 3 of section 443 of the Civil Practice Act provides as follows: “ The court, in its discretion, may order one or more issues to be separately tried prior to any trial of the other issues in the case.”

This provision of law has most often been applied in the trial of pleas in bar, such as the Statute of Limitations, a discharge in bankruptcy, a release, a former adjudication, a plea to the…