MIRO v. BRANFORD HOUSE, INC

The IAS court properly exercised its discretion in severing the third-party medical malpractice action from the main action, a personal injury action seeking damages for conscious pain and suffering and wrongful death stemming from the alleged negligence of defendants/third-party plaintiffs, among others, whose building water system was claimed to have scalded the decedent, contributing to her death 17 days thereafter. The commencement of the third-party action on the eve of trial of the main action, which was commenced more than 3 1/2 years earlier, would inevitably cause plaintiff prejudice if trial were to be further delayed in order to convene a medical malpractice panel and to complete discovery in the subsidiary malpractice action (Cortez v New York City Hous. Auth., 163 A.D.2d 13).

Concur — Milonas, J.P., Rosenberger, Ellerin, Kassal and Smith, JJ.