Perez v. Millard Fillmore Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed on the law with costs and motion granted. Memorandum: In this action seeking to recover damages for personal injuries allegedly sustained by plaintiff when she fell on defendant’s premises, Supreme Court abused its discretion in denying plaintiffs motion to bifurcate the trial (see, Loncz v Blagrove, 254 AD2d 735). “ 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’ ” (Loncz v Blagrove, supra, at 736, quoting Martinez v Town of Babylon, 191 AD2d 483, 484; see,…
2Cases cited3 opinions
- Martinez v. Town of BabylonAppellate Division of the Supreme Court of the State of New York · 1993
- Loncz v. BlagroveAppellate Division of the Supreme Court of the State of New York · 1998
- Johnson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by1 opinion
- Guizzotti v. EnglishAppellate Division of the Supreme Court of the State of New York · 2000