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.,
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SOTO v. ROSEN
215 A.D.2d 226 (1995)
626 N.Y.S.2d 443
Enrique Soto, Appellant, v. Abraham A. Rosen et al., Respondents and Third-Party Plaintiffs-Respondents. Norman Miller Associates, Inc., et al., Third-Party Defendants-Respondents
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
May 11, 1995
May 11, 1995
Appellate Division of the Supreme Court of the State of New York, First Department.
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