Legal Opinion

Perez v. Millard Fillmore Hospital

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

Decided July 9, 1999PublishedCited by 1 opinion

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

  1. Martinez v. Town of BabylonAppellate Division of the Supreme Court of the State of New York · 1993
  2. Loncz v. BlagroveAppellate Division of the Supreme Court of the State of New York · 1998
  3. Johnson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by1 opinion

  1. Guizzotti v. EnglishAppellate Division of the Supreme Court of the State of New York · 2000

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