Williams v. Adams

Appeal from an order of the Supreme Court at Special Term, entered May 16, 1974 in Broome County, which denied defendant’s motion for a separate trial of the issues of liability and damages. In this action brought to recover for wrongful death, defendant moved, pursuant to CPLR 603, for a separate trial of the issues of liability and damages on the ground that the decedent left him surviving a widow and four children ranging in age from 8 to 18 years, and that, without a separate trial of the liability issue, sympathy for the widow and children would greatly prejudice the defendant. The…