Kost v Wild Wood Rush, Inc.
2008 NY Slip Op 05178 [52 AD3d 1246] [52 AD3d 1246]
June 6, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


Robert J. Kost et al., Respondents, v Wild Wood Rush, Inc., Doing Business as Wild Wood Country Club, Defendant, and Todd T. Russell, Appellant.

—[*1] Law Offices of Mary A. Bjork, Rochester (Thomas P. Durkin of counsel), for defendant-appellant.

Phillips Lytle LLP, Rochester (Chad W. Flansburg of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered November 9, 2007 in a personal injury action. The order denied the motion of defendant Todd T. Russell to bifurcate the trial.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Lunn, Fahey, Pine and Gorski, JJ.