Iszkiewicz v. Town of Lancaster

Full title: MARK J. ISZKIEWICZ, Appellant, v. TOWN OF LANCASTER et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 18, 2005

16 A.D.3d 1163 (N.Y. App. Div. 2005)

790 N.Y.S.2d 899

Opinion

CA 04-02612.

March 18, 2005.

Appeal from an order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered July 1, 2004 in a personal injury action. The order denied plaintiff's motion to bifurcate the trial.

Before: Pigott, Jr., P.J., Green, Gorski, Martoche and Smith, JJ.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court did not abuse its discretion in denying plaintiff's motion to bifurcate the trial. In opposing the motion, defendants established that "bifurcation would not `assist in a clarification or simplification of issues and a fair and more expeditious resolution of the action'" ( Mazur v. Mazur, 288 AD2d 945, 945-946, quoting 22 NYCRR 202.42 [a]). In addition, defendants established that the nature of plaintiff's injuries has "an important bearing on the issue of liability" ( Martinez v. Town of Babylon, 191 AD2d 483, 484 [internal quotation marks omitted]; see Echeverria v. City of New York, 166 AD2d 409).