Legal Opinion

Loncz v. Blagrove

Appellate Division of the Supreme Court of the State of New York

Decided October 2, 1998PublishedCited by 9 opinions

1Opinion of the Court

Order unanimously reversed on the law without costs and motion granted. Memorandum: In this action for damages arising out of the fatal injuries suffered by plaintiff’s decedent in a motor vehicle accident, Supreme Court abused its discretion in denying defendants’ motion to bifurcate the trial. “As a general rule, issues of liability and damages in a negligence action are distinct and severable issues which should be tried and determined separately” (Martinez v Town of Babylon, 191 AD2d 483, 484; see also, 22 NYCRR 202.42 [a]). An exception to that rule arises where plaintiffs injuries have…

2Cases cited7 opinions

  1. DeGregorio v. Lutheran Medical CenterAppellate Division of the Supreme Court of the State of New York · 1988
  2. Parmar v. SkinnerAppellate Division of the Supreme Court of the State of New York · 1989
  3. Martinez v. Town of BabylonAppellate Division of the Supreme Court of the State of New York · 1993
  4. Fetterman v. EvansAppellate Division of the Supreme Court of the State of New York · 1994
  5. Armstrong v. Adelman Automotive Parts Distribution Corp.Appellate Division of the Supreme Court of the State of New York · 1991

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Hrusa v. BogdanAppellate Division of the Supreme Court of the State of New York · 2000
  2. Guizzotti v. EnglishAppellate Division of the Supreme Court of the State of New York · 2000
  3. Stevens v. DorsaneoAppellate Division of the Supreme Court of the State of New York · 1999
  4. Tate v. StevensAppellate Division of the Supreme Court of the State of New York · 2000
  5. Davis v. McCulloughAppellate Division of the Supreme Court of the State of New York · 2007

4 more not listed; retrieve them via the Exa API.

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