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Martinez v. Town of Babylon

Appellate Division of the Supreme Court of New York, Second Department
Mar 8, 1993
191 A.D.2d 483 (N.Y. App. Div. 1993)

Opinion

March 8, 1993

Appeal from the Supreme Court, Suffolk County (Baisley, J.).


Ordered that the interlocutory judgment is affirmed, with costs.

There is no merit to the plaintiff's contention that the trial court improperly granted the defendants' motion for a bifurcated trial. As a general rule, issues of liability and damages in a negligence action are distinct and severable issues which should be tried and determined separately (see, CPLR 603; Armstrong v Adelman Automotive Parts Distrib. Corp., 176 A.D.2d 773; Polimeni v. Bubka, 161 A.D.2d 568). In order for the rule not to apply, the party opposing bifurcation must show that the nature of the injuries "'has an important bearing'" on the issue of liability (Armstrong v. Adelman Automotive Parts Distrib. Corp., supra, at 774; Polimeni v. Bubka, supra). There was no showing on the record submitted to this Court that the nature of plaintiff's injuries would be probative in determining how the incident occurred.

We have reviewed the plaintiff's remaining contentions and find them to be without merit. Rosenblatt, J.P., Lawrence, O'Brien and Copertino, JJ., concur.


Summaries of

Martinez v. Town of Babylon

Appellate Division of the Supreme Court of New York, Second Department
Mar 8, 1993
191 A.D.2d 483 (N.Y. App. Div. 1993)
Case details for

Martinez v. Town of Babylon

Case Details

Full title:THOMAS MARTINEZ, Appellant, v. TOWN OF BABYLON et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 8, 1993

Citations

191 A.D.2d 483 (N.Y. App. Div. 1993)
594 N.Y.S.2d 357

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