Legal Opinion

Perez v. Madoff

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

Decided January 19, 2010Published

1Opinion of the Court

The plaintiffs’ appeal from so much of the judgment entered July 22, 2008, as is in favor of the defendant Stacy A. Madoff must be dismissed, as the plaintiffs are not aggrieved by that portion of the judgment {see CFLR 5511). At the close of their case, the plaintiffs stipulated to discontinue the action insofar as it was asserted against that defendant.

Although trial courts are encouraged to conduct bifurcated trials in personal injury cases, a unified trial should be conducted where the nature of the injuries has an important *822bearing on the question of liability (see 22 NYCRR 202.42 [a];…

2Cases cited5 opinions

  1. Bertelle v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
  2. Pasquaretto v. CohenAppellate Division of the Supreme Court of the State of New York · 2007
  3. Stanford v. ReslerAppellate Division of the Supreme Court of the State of New York · 1994
  4. Upton v. Redmond Products, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  5. Felice v. Southside HospitalAppellate Division of the Supreme Court of the State of New York · 1998

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