Shea v. 5008 Broadway Associates

Judgment, Supreme Court, New York County (Paula Omansky, J., and a jury), entered February 6, 2001, in an action for personal injuries sustained by plaintiff building resident when she was scalded by hot water while taking a shower, in favor of defendant building owner dismissing the complaint, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, and the matter remanded for a new trial.

The trial court improvidently exercised its discretion in bifurcating the trial of this negligence action on the issues of liability and damages. The nature and extent…