Wesselenyi v. Santiago
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court abused its discretion in denying defendants’ motion to bifurcate the trial. As a general rule, “[tissues of liability and damages in a negligence action are distinct and severable issues that should be tried and determined separately” (Hrusa v Bogdan, 278 AD2d 947; see, Stevens v Dorsaneo, 267 AD2d 997). Plaintiffs failed to establish the applicability of the exception to the general rule, which arises when “the injuries sustained by plaintiffs have an important bearing on the issue of liability…
2Cases cited3 opinions
- Hrusa v. BogdanAppellate Division of the Supreme Court of the State of New York · 2000
- Guizzotti v. EnglishAppellate Division of the Supreme Court of the State of New York · 2000
- Stevens v. DorsaneoAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by3 opinions
- Delano v. GrazulewiczAppellate Division of the Supreme Court of the State of New York · 2002
- Calvaneso v. MocholAppellate Division of the Supreme Court of the State of New York · 2026
- Zbock v. GietzAppellate Division of the Supreme Court of the State of New York · 2018