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CRUZ v. ST. LUKE-ROOSEVELT HOSPITAL CENTER

280 A.D.2d 317 (2001)

722 N.Y.S.2d 490

TERESA CRUZ et al., Appellants, v. ST. LUKE-ROOSEVELT HOSPITAL CENTER et al., Defendants, and MATERNITY INFANT CARE FAMILY PLANNING PROJECT OF MEDICAL & HEALTH RESEARCH ASSOCIATION OF NEW YORK CITY, INC., Respondent.

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

Decided February 8, 2001.

The trial court properly exercised its discretion in bifurcating this medical malpractice/wrongful death action since the questions of liability and damages were discrete (see, CPLR 603, 4011; 22 NYCRR 202.42 [a]; Mercado v City of New York, 25 A.D.2d 75). In addition, since the court had not yet determined whether the same jury would be deciding both the liability and damages phases of the trial at the time it issued its...

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