Opinion
May 11, 1995
Appeal from the Supreme Court, New York County (Stephen Crane, J.).
Plaintiff has failed to demonstrate prejudice or that the limited discovery sought by the third-party defendants will unduly delay the damage trial or the balance of the action (CPLR 1010). Accordingly, the IAS Court did not improvidently exercise its discretion in denying the application to sever the third-party indemnity action (see, Shanley v Callanan Indus., 54 N.Y.2d 52, 57).
Concur — Ross, J.P., Nardelli, Tom and Mazzarelli, JJ.