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CALCANES v. CITY OF NEW YORK

154 A.D.2d 327 (1989)

Louis Calcanes, Respondent, v. City of New York, Defendant and Third-Party Plaintiff and Second Third-Party Defendant-Respondent. J. Baranello & Sons, Third-Party Defendant, Fourth-Party Plaintiff and Second Fourth-Party Plaintiff-Respondent; Bakke Construction Corp., Fourth-Party Defendant-Respondent; J. Baranello & Sons, Second Fourth-Party Plaintiff-Respondent; Berson & Berleth, Inc., Second Third-Party Defendant, Second Fourth-Party Defendant and Fifth-Party Defendant-Respondent; Dawsun Metal Co., Inc., Fifth-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 2, 1989

Ordered that the order is affirmed, with costs.

The court's discretion in granting a severance should be exercised sparingly (Shanley v Callanan Indus., 54 N.Y.2d 52, 57). Where, as here, the factual and legal issues raised in the fifth-party action are not overly complex and are closely related to the questions involved in the main action, and the delay in initiating the fifth-party action is attributable to the difficulties...

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