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BARRERA v. SKAGGS-WALSH, INC.

279 A.D.2d 442 (2001)

719 N.Y.S.2d 90

HECTOR BARRERA et al., Respondents, v. SKAGGS-WALSH, INC., Appellant, and SEMYON ZALTSMAN et al., Respondents. (Action No. 1.) INSURANCE COMPANY OF NORTH AMERICA, Respondents, v. SKAGGS-WALSH, INC., Appellant, and BURMAN CONTRACTING CORP., Respondent. (Action No. 2.) REALM NATIONAL INSURANCE COMPANY, Formerly Known as LLOYDS NEW YORK INSURANCE COMPANY, Respondent, et al., Plaintiff, v. SKAGGS-WALSH, INC., Appellant, and SEMYON ZALTSMAN et al., Respondents. (Action No. 3.) LEONID BOGORAD, Plaintiff, v. SKAGGS-WALSH, INC., Appellant, and SEMYON ZALTSMAN et al., Respondents. (Action No. 4.) SEMYON ZALTSMAN et al., Respondents, v. SKAGGS-WALSH, INC., Appellant, and BURMAN CONTRACTING CORP., Respondent. (Action No. 5.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 8, 2001.

Ordered that the order is affirmed, with costs to the plaintiff-respondent in Action No. 3.

As a general rule, questions of liability and damages in a negligence action represent distinct and severable issues which should be tried separately (see, CPLR 603; Rothbard v Woolworth Co., 233 A.D.2d 434). A party opposing bifurcation and seeking a unified trial on those issues must show that the nature of the injuries has...

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