Legal Opinion
Barrera v. Skaggs-Walsh, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 8, 2001PublishedCited by 5 opinions
1Opinion of the Court
In related actions, inter alia, to recover damages for injury to property, the defendant Skaggs-Walsh, Inc., appeals from an order of the Supreme Court, Queens County (Weiss, J.), dated January 28, 2000, which denied its motion for a unified trial on the issues of liability and damages.
Ordered that the order is affirmed, with costs to the plaintiff-respondent in Action No. 3.
As a general rule, questions of liability and damages in a negligence action represent distinct and severable issues which should be tried separately (see, CPLR 603; Rothbard v Woolworth Co., 233 AD2d 434). A party…
2Cases cited3 opinions
- Martinez v. Town of BabylonAppellate Division of the Supreme Court of the State of New York · 1993
- Armstrong v. Adelman Automotive Parts Distribution Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- Rothbard v. F. W. Woolworth Co.Appellate Division of the Supreme Court of the State of New York · 1996
3Cited by5 opinions
- Berman v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2006
- Carbocci v. Lake Grove Entertainment, LLCAppellate Division of the Supreme Court of the State of New York · 2009
- Gogatz v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2001
- Patino v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2015
- Dittmer v. TerzianNew York Supreme Court · 2004