Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05347
Visco v Riverhead Cent. Sch. Dist.
Read the official decision: 2026 NY Slip Op 05347
Holding The Supreme Court properly denied the plaintiffs’ motion for a unified trial on liability and damages because they failed to establish that the nature of the injuries was inextricably intertwined with the issue of liability. The plaintiffs also failed to demonstrate that their expert’s theory could not be adequately proven during the liability phase of a bifurcated trial.
The court’s words
The plaintiffs failed to establish that the injured plaintiff's injuries were inextricably intertwined with the question of liability or that the nature of his injuries was probative in determining how the incident occurred
2026 NY Slip Op 05347, at the official text
the plaintiffs failed to demonstrate that their 'expert's theory could not adequately be proven at the liability phase of a bifurcated trial'
2026 NY Slip Op 05347, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 16, 2026 |
| Citation | 2026 NY Slip Op 05347 |
| Area of law | Civil Procedure |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05347 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 614 |
Recommended citation
ESQ HQ, New York Law Watch, Visco v Riverhead Cent. Sch. Dist., 2026 NY Slip Op 05347 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05347/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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