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NIELSEN v. NEW YORK STATE DORMITORY AUTHORITY

5044N, 5045N, 106040/08, 5046N.

84 A.D.3d 519 (2011)

923 N.Y.S.2d 66

SEAN NIELSEN et al., Appellants, v. NEW YORK STATE DORMITORY AUTHORITY et al., Respondents. NEW YORK STATE DORMITORY AUTHORITY, Third-Party Plaintiff-Respondent, v. METROPOLITAN STEEL INDUSTRIES, INC., et al., Third-Party Defendants-Respondents. METROPOLITAN STEEL INDUSTRIES, INC., et al., Fourth-Party Plaintiffs-Respondents, v. THE CROSBY GROUP, INC., Fourth-Party Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 10, 2011.

The denial of plaintiffs' motion to sever the fourth-party action was a provident exercise of discretion, notwithstanding any delay in commencing the action (see CPLR 1010; see also Escourse v City of New York, 27 A.D.3d 319 [2006]). The main action will not be delayed to the prejudice of plaintiffs, the fourth-party defendant's discovery rights can be accommodated, and common questions of fact are present (see Erbach Fin...

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