Calcanes v. City of New York

—In an action to recover damages for personal injuries, the fifth-party defendant appeals from an order of the Supreme Court, Kings County (Duberstein, J.), dated September 6, 1988, which denied its motion to dismiss or sever the fifth-party action from the main action.

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 NY2d 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…