N.Y. Civil Practice Law & Rules § 1010: Dismissal or separate trial of third-party complaint

Rule 1010. Dismissal or separate trial of third-party complaint. The

court may dismiss a third-party complaint without prejudice, order a

separate trial of the third-party claim or of any separate issue

thereof, or make such other order as may be just. In exercising its

discretion, the court shall consider whether the controversy between the

third-party plaintiff and the third-party defendant will unduly delay

the determination of the main action or prejudice the substantial rights

of any party.