Opinion
July 9, 1999
Appeal from Order of Supreme Court, Erie County, Mintz, J. — Bifurcate Trial.
PRESENT: DENMAN, P. J., LAWTON, HURLBUTT, SCUDDER AND BALIO, JJ.
Order unanimously reversed on the law with costs and motion granted. Memorandum: In this action seeking to recover damages for personal injuries allegedly sustained by plaintiff when she fell on defendant's premises, Supreme Court abused its discretion in denying plaintiff's motion to bifurcate the trial ( see, Loncz v. Blagrove, 254 A.D.2d 735). "`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'" ( Loncz v. Blagrove, supra, quoting Martinez v. Town of Babylon, 191 A.D.2d 483, 484; see, 22 NYCRR 202.42 [a]). Defendant failed to establish the need to depart from that general rule ( see, Loncz v. Blagrove, supra; Johnson v. City of New York, 191 A.D.2d 216).