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SOMMER v. PIERRE
Appellate Division of the Supreme Court of New York, First Department.
May 6, 2008
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Bifurcation is appropriate in complicated cases of liability and damages where such clarification or simplification will assist in reaching a fair and more expeditious resolution of the issues ( 22 NYCRR 202.42 [a]; Mazur v Mazur, 288 AD2d 945). A ruling on such a request is a matter of discretion as to which the trial court should be afforded great deference ( Johnson v Hudson Riv. Constr. Co., Inc., 13 AD3d 864). In this case, fairness and convenience weigh in favor of a unified trial, which will serve to prevent a verdict based on undue sympathy for either party.
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