SCOTT v. PERSHING CONSTR. CO. INC.


112 A.D.2d 279 (1985)

Paul R. Scott, Appellant, v. Pershing Construction Co. Inc., et al., Respondents. (And a Third-Party Title.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 15, 1985


Judgment and order reversed, plaintiff's motion granted and new trial directed, with the issues of liability and damages to be tried together, with costs to abide the event.

During the liability phase of the bifurcated trial of this negligence action, plaintiff testified that he tripped on a loose board and fell down the stairs at a construction site where he was employed as a structural iron worker. The only other witness...

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