GITTLEMAN v. BERRIOS


307 A.D.2d 451 (2003)

761 N.Y.S.2d 554

AUBREY GITTLEMAN, Appellant, v. ISMAEL BERRIOS, Respondent.

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

Decided July 3, 2003.


Rose, J.

Plaintiff commenced this action to recover damages for the injuries he allegedly sustained as a result of having been struck in the back of the head with a pillow. After the action was scheduled for trial, plaintiff moved for bifurcation on the grounds that while the liability phase of the trial would be brief and involve only the resolution of the parties' conflicting accounts of the incident, the damages phase would be lengthy and expensive because it would...

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