In Perez v. State of New York (215 A.D.2d 740) [App Div 2nd Dept 1995], a plaintiff was injured by a motor vehicle owned by the State of New York. A bifurcated trial was ordered. Plaintiff's cause of action was dismissed during the liability phase of the trial because he had failed to present medical testimony establishing he suffered a serious injury." The Second Department reversed, concluding that plaintiff was not given sufficient opportunity to present medical testimony on the "serious injury issue" and held that "as a general principle the liability phase of a bifurcated trial is not the proper juncture at which to adjudicate the issue of serious injury" ( Id. at 741). The Second Department observed that "as a general principle, the liability phase of a bifurcated trial was not the proper juncture at which to adjudicate issues regarding the severity of the injuries" (Id. at 741) but that nevertheless "if the Court wished to address the serious injury issue during the liability phase of the trial it should have provided the claimant with a reasonable opportunity to present the requisite expert testimony". (Id at 742.) The Court also noted that "the serious injury issue can always be raised by summary judgment motion prior to trial". (Id.)