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MIKOS v. ACKERMAN

159 A.D.2d 563 (1990)

Wojciech Mikos, an Infant, by His Father and Natural Guardian, Ryszard Mikos, et al., Appellants, v. Morton S. Ackerman, Respondent

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

March 12, 1990

Ordered that the order is affirmed, with costs.

The plaintiffs failed to object to the bifurcation of the liability and damages parts of the trial, so they have waived that issue (see, CPLR 5501 [a] [3]; Sanchez v Kato, Inc., 115 A.D.2d 646). In any event, the plaintiffs have failed to show a need to introduce evidence of the infant plaintiff's injuries in order to establish liability (see, Gee v New York...

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