Opinion
November 28, 1995
Appeal from the Supreme Court, New York County (Jane Solomon, J.).
Denial of severance would likely have caused an inordinate delay of trial of the main action ( cf., Leavitt v New York City Tr. Auth., 111 A.D.2d 907, 908). Plaintiff completed discovery and filed a note of issue pursuant to the IAS Court's orders and would be prejudiced by such delay ( see, Miro v Branford House, 174 A.D.2d 363). Appellant did not take the opportunity to conduct a physical examination within the scheduled deadline. In these circumstances, the motion to strike the note of issue was properly denied ( see, Hamlin v Mensch, 205 A.D.2d 452; Levine v McFarland, 98 A.D.2d 795).
Concur — Sullivan, J.P., Ellerin, Ross, Nardelli and Tom, JJ.