Ambriano v. Bowman

245 A.D.2d 404, 666 N.Y.S.2d 471, 1997 N.Y. App. Div. LEXIS 13095

Opinion

The Supreme Court did not improvidently exercise its discre tion in denying those branches of the respective motions of the third-party defendants which were to dismiss the third-party complaint. Similarly, the court did not improvidently exercise its discretion in ordering a severance of the third-party action. The third-party plaintiff unduly delayed in commencing the third-party action, the parties in the main action have substantially completed their discovery, and would be prejudiced by the delay necessary to allow the third-party defendants to engage in discovery (see, Cusano v Sankyo Seiki Mfg. Co., 184 AD2d 489, 490; Zuckerman v La Guardia Hosp., 125 AD2d 304). Rosenblatt, J. P., Ritter, Altman and Florio, JJ., concur.