Fox v. Frometa

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered July 6, 2006 in a personal injury action. The order, insofar as appealed from, denied the motion of defendant Kenneth Litzinger to bifurcate the trial.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries sustained by her son in a motor vehicle accident. Supreme Court did not abuse its discretion in denying the motion of defendant Kenneth Litzinger to bifurcate the trial.…