Opinion
October 2, 1989
Appeal from the Supreme Court, Kings County (Duberstein, J.).
Ordered that the order is affirmed, with costs.
The court's discretion in granting a severance should be exercised sparingly (Shanley v Callanan Indus., 54 N.Y.2d 52, 57). Where, as here, the factual and legal issues raised in the fifth-party action are not overly complex and are closely related to the questions involved in the main action, and the delay in initiating the fifth-party action is attributable to the difficulties inherent in identifying individual material suppliers in a large and complex construction project, the denial of a severance was not an improvident exercise of discretion (see, Rago v Nationwide Ins. Co., 110 A.D.2d 831). Eiber, J.P., Harwood, Balletta and Rosenblatt, JJ., concur.