Zuckerman v. La Guardia Hospital

In Zuckerman v. La Guardia Hospital (125 AD2d 304 [2d Dept 1986]), a third-party action was commenced approximately eighteen months after plaintiff filed the note of issue. The Court upheld severance of the third-party action, holding that "it would be unfair to require the third-party defendant to proceed to trial without an adequate opportunity to complete pretrial disclosure" and "there is a possibility of prejudice to the plaintiff in the main action if further delay is permitted to complete discovery in the third-party action."