From Casetext: Smarter Legal Research

Kasprzak v. Delaware YMCA

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 2001
289 A.D.2d 1002 (N.Y. App. Div. 2001)

Opinion

(1596) CA 01-01103

December 21, 2001.

(Appeal from Order of Supreme Court, Erie County, Mahoney, J. — Bifurcate Trial.)

PRESENT: PIGOTT, JR., P.J., HAYES, WISNER, SCUDDER AND BURNS, JJ.


Order unanimously affirmed without costs. Memorandum:

Supreme Court properly exercised its discretion in rescinding its prior order for a bifurcated trial. As the court noted, the case was relatively uncomplicated, several of the same witnesses would be required to testify at both the liability and damages trials, and only one expert witness was expected to testify at the damages trial. Thus, defendant did not demonstrate that bifurcation would lead to a "more expeditious resolution of the action" ( 22 NYCRR 202.42 [a]).


Summaries of

Kasprzak v. Delaware YMCA

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 2001
289 A.D.2d 1002 (N.Y. App. Div. 2001)
Case details for

Kasprzak v. Delaware YMCA

Case Details

Full title:WHITNEY KASPRZAK, AN INFANT, BY ALLAN A. KASPRZAK, AS FATHER AND NATURAL…

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

Date published: Dec 21, 2001

Citations

289 A.D.2d 1002 (N.Y. App. Div. 2001)
735 N.Y.S.2d 445

Citing Cases

Bogumil v. Greenbaum Family Holdings, LP

Here, however, we conclude that the issue of liability is not distinct from the issue of plaintiff's injuries…

Bogumil v. Greenbaum Family Holdings, L.P.

Here, however, we conclude that the issue of liability is not distinct from the issue of plaintiff's injuries…