SALLIE JACKSON, plf-ap, v. MONTEFIORE MEDICAL CENTER def-res

10580-10580A-10581. SALLIE JACKSON, plf-ap, v. MONTEFIORE MEDICAL CENTER def-res — Warren J. Willinger, Mt. Kisco, for ap — Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains (Elizabeth J. Sandonato of counsel), for res — Judgment, Supreme Court, Bronx County (Kibbie F. Payne, J.), entered June 27, 2012, upon a jury trial as to liability, in defendants' favor, and bringing up for review an order, same court (Barry Salman, J.), entered on or about December 14, 2011, which granted defendants' motion for a bifurcated trial, unanimously affirmed, without costs. Appeal from the aforesaid order, unanimously dismissed, without costs, as subsumed in the appeal from the judgment. Appeal from order, same court (Barry Salman, J.), entered on or about December 14, 2011, which granted defendants' motion to, among other things, quash a subpoena seeking the production of surgical hardware, unanimously dismissed, without costs, as academic.

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10580-10580A-10581. SALLIE JACKSON, plf-ap, v. MONTEFIORE MEDICAL CENTER def-res — Warren J. Willinger, Mt. Kisco, for ap — Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains (Elizabeth J. Sandonato of counsel), for res — Judgment, Supreme Court, Bronx County (Kibbie F. Payne, J.), entered June 27, 2012, upon a jury trial as to liability, in defendants’ favor, and bringing up for review an order, same court (Barry Salman, J.), entered on or about December 14, 2011, which granted defendants’ motion for a bifurcated trial, unanimously affirmed, without costs. Appeal from the aforesaid order, unanimously dismissed, without costs, as subsumed in the appeal from the judgment. Appeal from order, same court (Barry Salman, J.), entered on or about December 14, 2011, which granted defendants’ motion to, among other things, quash a subpoena seeking the production of surgical hardware, unanimously dismissed, without costs, as academic.

This action seeks recovery for damages sustained by plaintiff when, while she was standing at a desk at defendant Montefiore Medical Center, defendant Georgette McToy bumped into her, causing her to fall. The court properly found that bifurcation was warranted, as the questions of liability and damages are distinct and severable issues and plaintiff’s injuries are not probative in determining how the accident occurred (see Gogatz v. New York City Transit Authority, 288 AD2d 115 [1st Dept 2001]).

SALLIE JACKSON, plf-ap, v. MONTEFIORE MEDICAL CENTER def-res

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