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CARLOS TORRES, PLAINTIFF, v. VISTO REALTY CORP., def

10233N. CARLOS TORRES, PLAINTIFF, v. VISTO REALTY CORP., def — VISTO REALTY CORP., Third-Party plf-ap, v. 1801 LAUNDRY CORP., DOING BUSINESS AS STATION LAUNDROMAT, Third-Party def-res — Law Offices of Michael E. Pressman, New York (Steven H. Cohen of counsel), for ap — White & McSpedon, P.C., New York (Michael J. Caulfield of counsel), for res — Order, Supreme Court, Bronx County (John A. Barone, J.), entered on or about June 6, 2012, which granted thirdparty defendant's motion to sever the third-party action, unanimously affirmed, without costs.

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10233N. CARLOS TORRES, PLAINTIFF, v. VISTO REALTY CORP., def — VISTO REALTY CORP., Third-Party plf-ap, v. 1801 LAUNDRY CORP., DOING BUSINESS AS STATION LAUNDROMAT, Third-Party def-res — Law Offices of Michael E. Pressman, New York (Steven H. Cohen of counsel), for ap — White & McSpedon, P.C., New York (Michael J. Caulfield of counsel), for res — Order, Supreme Court, Bronx County (John A. Barone, J.), entered on or about June 6, 2012, which granted thirdparty defendant’s motion to sever the third-party action, unanimously affirmed, without costs.

Since the main action involves the factual issue whether there was a defect in the sidewalk that contributed to plaintiff’s injury, and the third-party action involves lease contract issues such as indemnification, and plaintiff, who has filed a note of issue, would be prejudiced by the delay caused by the need for discovery in the third-party action, severance of the third-party action was appropriate (see CPLR 1010; Garcia v. Gesher Realty Corp., 280 AD2d 440 [1st Dept 2001]).

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