LOPEZ v. NEW YORK CITY HOUS. AUTH.


158 A.D.2d 287 (1990)

Kim Lopez, an Infant, by Her Father and Natural Guardian, Hector Lopez, et al., Appellants, v. New York City Housing Authority, Respondent

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

February 1, 1990


The trial court did not abuse its discretion by ordering separate trials on the issues of liability and damages since the question of damages was not interwoven with that of liability. At the trial of this personal injury action, it was the infant plaintiff's theory of liability that there should have been rubber mats on the ground near the slide from which she fell. There was no need to resort to medical evidence of plaintiff's injuries to establish that the mats were not...

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