Hrusa v. Bogdan
Cases that cite this one
7 later published cases cite this decision.
- Tomiuk v. Oakgrove Construction, Inc. (Appellate Division of the Supreme Court of New York 2008)
- DEANGELIS, WILLIAM JOSEPH v. MARTENS FARMS, LLC (Appellate Division of the Supreme Court of New York 2013)
- Turnmire v. Concrete Applied Technologies Corp. (Appellate Division of the Supreme Court of New York 2008)
- Dirschedl v. Blum (Appellate Division of the Supreme Court of New York 2005)
- Delano v. Grazulewicz (Appellate Division of the Supreme Court of New York 2002)
- Wesselenyi v. Santiago (Appellate Division of the Supreme Court of New York 2001)
- Mazur v. Mazur (Appellate Division of the Supreme Court of New York 2001)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Order unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court abused its discretion in denying defendants’ motion to bifurcate the trial. Issues of liability and damages in a negligence action are distinct and severable issues that should be tried and determined separately unless plaintiffs injuries have an important bearing on the issue of liability (see, Armstrong v Adelman Automotive Parts Distrib. Corp., 176 AD2d 773). Upon our review of the record, we conclude that plaintiffs injuries are not probative of defendants’ alleged negligence, and thus plaintiff failed to establish the applicability of that exception (see, Guizzotti v English, 273 AD2d 932; Loncz v Blagrove, 254 AD2d 735). (Appeal from Order of Supreme Court, Erie County, Cosgrove, J. — Bifurcation.) Present — Wisner, J. P., Hurlbutt, Scudder and Kehoe, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.