611 N.Y.S.2d 655 | N.Y. App. Div. | 1994
—In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Jackson, J.), dated June 11, 1992, which, upon a jury verdict, inter alia, dismissed the complaint on the merits after a trial on the issue of liability.
Ordered that the judgment is affirmed, without costs or disbursements.
As a general rule, Judges are encouraged to conduct bifurcated trials in personal injury actions "where it appears that bifurcation may assist in a clarification or simplification of issues and a fair and more expeditious resolution of the action” (22 NYCRR 202.42 [a]). In the present case, the plaintiffs have demonstrated no reason to depart from the general rule.
The trial court did not err in excluding the plaintiff Dominick J. Caputo from the courtroom during the liability phase of the trial. Although the physical condition of a plaintiff, in and of itself, is not enough to justify his involuntary exclusion
We have reviewed the plaintiffs’ remaining contentions and find them to be without merit. Lawrence, J. P., Copertino, Altman and Goldstein, JJ., concur.