Opinion
December 30, 1999
Appeal from Order of Supreme Court, Erie County, Notaro, J. — Bifurcate Trial.
Order unanimously reversed on the law without costs and motion granted.
PRESENT: PINE, J. P., HAYES, WISNER, PIGOTT, JR., AND SCUDDER, JJ.
Memorandum:
Supreme Court abused its discretion in denying defendant's motion for a bifurcated trial in this personal injury action. Plaintiff did not oppose the motion and thus a fortiori failed to establish the need to depart from the general rule that "issues of liability and damages in a negligence action are distinct and severable issues which should be tried and determined separately" ( Martinez v. Town of Babylon, 191 A.D.2d 483, 484; see, Loncz v. Blagrove, 254 A.D.2d 735, 736; Cutsogeorge v. Hertz Corp., 239 A.D.2d 540; see also, 22 NYCRR 202.42[a]).