Legal Opinion
Cutsogeorge v. Hertz Corp.
Appellate Division of the Supreme Court of the State of New York
Decided May 27, 1997PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Lerner, J.), dated August 21, 1996, which denied his motion for a unified trial on the issues of liability and damages.
Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.
As a general rule, questions of liability and damages in a negligence action represent distinct and severable issues which should be tried and determined separately (see, CPLR 603; Rothbard v Woolworth Co., 233 AD2d 434;…
2Cases cited5 opinions
- Dulin v. MaherAppellate Division of the Supreme Court of the State of New York · 1994
- 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
- Amato v. Hudson Country Montessori SchoolAppellate Division of the Supreme Court of the State of New York · 1992
- Rothbard v. F. W. Woolworth Co.Appellate Division of the Supreme Court of the State of New York · 1996
3Cited by4 opinions
- Cutsogeorge v. Hertz Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- Stevens v. DorsaneoAppellate Division of the Supreme Court of the State of New York · 1999
- Dittmer v. TerzianNew York Supreme Court · 2004
- Raiport v. Gowanda Electronics Corp.New York Supreme Court · 2001