Pena v. City of New York

222 A.D.2d 233, 635 N.Y.S.2d 10, 1995 N.Y. App. Div. LEXIS 12714

Opinion

—Order, Supreme Court, New York County (Walter Tolub, J.), entered March 10, 1995, which granted third-party defendants’ motion to sever the third-party action, unanimously affirmed, without costs.

Severance of the third-party action was a proper exercise of discretion under CPLR 1010 in view of the prejudice caused by the third-party plaintiffs disclosure delays (see, Blechman v Peiser’s & Sons, 186 AD2d 50, 51-52), notwithstanding the desirability of trying these cases together. Third-party plaintiffs noncompliance with the prior order denying a severance negated any law of the case effect that that order might have had (see, Kaplan v Einy, 209 AD2d 248, 252). Concur — Rosenberger, J. P., Ellerin, Rubin, Asch and Nardelli, JJ.