Ordered that the order is affirmed insofar as appealed from, with costs.
Under the circumstances, the Supreme Court providently exercised its discretion in denying that branch of the plaintiffs motion which was to sever this action insofar as asserted against the defendant Super Structure Builders, Inc., and to permit the plaintiff to proceed against the defendant 31 W 21, LLC ( see CPLR 603; Naylor v Knoll Farms of Suffolk County, Inc., 31 AD3d 726, 727; Ingoglia v Leshaj, 1 AD3d 482, 485).