Opinion
November 22, 1982
In a negligence action to recover damages for personal injuries, in which the defendant Village of Tuckahoe, inter alia, served a third-party complaint upon Pfaff Kendall Co., said defendant appeals from an order of the Supreme Court, Westchester County (Slifkin, J.), dated October 9, 1981, which granted a motion by the third-party defendant Pfaff Kendall Co., pursuant to CPLR 1010, to sever the third-party action from the main action. Order affirmed, with $50 costs and disbursements. Considering the record in its entirety, we are of the view that Special Term did not abuse its discretion in granting the severance (see Cipollina v. Kent, 52 A.D.2d 632; Todd v. Gull Contr. Co., 22 A.D.2d 904; see, also, Strange v Sampson, 73 A.D.2d 749; Vita Food Prods. v. Epstein Sons, 52 A.D.2d 522). Damiani, J.P., Gulotta, O'Connor and Brown, JJ., concur.