Feldstein v. Greater New York Councils

Judgment dismissing the complaint for failure to proceed with the trial of a personal injury action, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, and a new trial ordered. The court in its discretion may order a separate trial of one or more issues in a ease prior to any trial of other issues (Civ. Prac. Act, § 443). If the complaint consisted only of the first cause of action, the dismissal would have been a proper exercise of discretion. However, the nature and extent of plaintiff’s injuries as alleged in the second cause of action, which…