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JOHNSON v. HUDSON RIVER CONSTRUCTION COMPANY, INC.

13 A.D.3d 864 (2004)

786 N.Y.S.2d 250

CARLYNANN V. JOHNSON, Individually and as Administrator of the Estate of WARREN D. JOHNSON, Deceased, Respondent, v. HUDSON RIVER CONSTRUCTION COMPANY, INC., et al., Appellants, et al., Defendant. (And a Third-Party Action.)

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

December 16, 2004.

Kane, J.

A dump truck backed up and struck plaintiff's decedent, causing injuries which led to his death. When plaintiff's action neared trial, defendants Hudson River Construction Company, Inc. and Albany Asphalt and Aggregates Corporation (hereinafter collectively referred to as defendants) moved to bifurcate the liability and damages phases of the trial. Supreme Court denied the motion, prompting defendants to appeal.

We affirm. CPLR 603 provides that ...

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