In this action brought to recover for wrongful death, defendant moved, pursuant to CPLR 603, for a separate trial of the issues of liability and damages on the ground that the decedent left him surviving a widow and four children ranging in age from 8 to 18 years, and that, without a separate trial of the liability issue, sympathy for the widow and children would greatly prejudice the defendant. The complaint alleged that, on March 28, 1971 on Route 11, a public highway in...
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