MARTINEZ v. TOWN OF BABYLON


191 A.D.2d 483 (1993)

594 N.Y.S.2d 357

Thomas Martinez, Appellant, v. Town of Babylon et al., Respondents

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

March 8, 1993


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...

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