Opinion
2181N
November 13, 2003.
Order, Supreme Court, New York County (Michael Stallman, J.), entered March 28, 2003, which, inter alia, denied the motion of second third-party defendant Gandhi Engineering, P.C. to sever the second third-party action, unanimously affirmed, without costs.
Richard E. Lerner, for second third-party plaintiff-respondent.
Michael A. Heran, for second third-party defendant-appellant.
Before: Buckley, P.J., Mazzarelli, Andrias, Sullivan, Marlow, JJ.
The motion court properly exercised its discretion in denying Gandhi's motion for a severance since the actions involve common facts and law and judicial economy would be served by trying them together, the court afforded Gandhi an adequate opportunity to complete discovery, and Gandhi has not otherwise demonstrated prejudice due to its having been impleaded at the "eleventh-hour" (see e.g. Rothstein v. Milleridge Inn, Inc., 251 A.D.2d 154; Pescatore v. Am. Export Lines, Inc., 131 A.D.2d 739).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.