Appellate Division of the Supreme Court of New York, 2001

Mazur v. Mazur

Appellate Division of the Supreme Court of New York · Decided November 9, 2001

288 A.D.2d 945; 732 N.Y.S.2d 204; 2001 N.Y. App. Div. LEXIS 10708

Cases that cite this one

14 later published cases cite this decision.

Blajszczak v. McGhee-Reynolds (Appellate Division of the Supreme Court of New York 2021)
Gurewitz v. City of New York (Appellate Division of the Supreme Court of New York 2019)
Zbock v. Gietz (Appellate Division of the Supreme Court of New York 2018)
Almuganahi v. Gonzalez (Appellate Division of the Supreme Court of New York 2017)
Sommer v. Pierre (Appellate Division of the Supreme Court of New York 2008)
Carlson v. Porter (Appellate Division of the Supreme Court of New York 2008)
Mayes v. Zawolik (Appellate Division of the Supreme Court of New York 2008)
Turnmire v. Concrete Applied Technologies Corp. (Appellate Division of the Supreme Court of New York 2008)
Ellis v. J.M.G., Inc. (Appellate Division of the Supreme Court of New York 2006)
Swimm v. Bratt (Appellate Division of the Supreme Court of New York 2005)
Iszkiewicz v. Town of Lancaster (Appellate Division of the Supreme Court of New York 2005)
Zielinski v. Van Pelt (Appellate Division of the Supreme Court of New York 2004)
Delano v. Grazulewicz (Appellate Division of the Supreme Court of New York 2002)
Di Pirro v. Thompson (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 affirmed without costs. Memorandum: Plaintiff commenced this negligence action seeking damages for injuries he sustained when he slipped and fell on defendants’ driveway. Supreme Court did not abuse its discretion in denying defendants’ motion to bifurcate the trial. As a general rule, “[tissues of liability and damages in a negligence action are distinct and severable issues that should be tried and determined separately unless plaintiff’s injuries have an important bearing on the issue of liability” (Hrusa v Bogdan, 278 AD2d 947; see, Guizzotti v English, 273 AD2d 932; Stevens v Dorsaneo, 267 AD2d 997). Although plaintiff did not establish that his injuries are probative of defendants’ negligence, plaintiff established that bifurcation would not “assist in a clarification or simplification of issues *946and a fair and more expeditious resolution of the action” (22 NYCRR 202.42 [a]). Plaintiff established that the liability issue in this case is uncomplicated and that a trial on both liability and damages would be brief. (Appeal from Order of Supreme Court, Erie County, Glownia, J. — Bifurcate Trial.) Present— Pine, J. P., Hayes, Hurlbutt, Kehoe and Lawton, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.