Severance of the third-party action was a proper exercise of discretion under CPLR 1010 in view of the prejudice caused by the third-party plaintiff's disclosure delays ( see, Blechman v. Peiser's Sons, 186 A.D.2d 50, 51-52), notwithstanding the desirability of trying these cases together. Third-party plaintiff's noncompliance with the prior order denying a severance negated any law of the case effect that that order might have had ( see, Kaplan v Einy, 209 A.D.2d 248, 252).
Concur — Rosenberger, J.P., Ellerin, Rubin, Asch and Nardelli, JJ.