N.Y. C.P.L.R. 1010

Rule 1010. Dismissal or separate trial of third-party complaint. The\ncourt may dismiss a third-party complaint without prejudice, order a\nseparate trial of the third-party claim or of any separate issue\nthereof, or make such other order as may be just. In exercising its\ndiscretion, the court shall consider whether the controversy between the\nthird-party plaintiff and the third-party defendant will unduly delay\nthe determination of the main action or prejudice the substantial rights\nof any party.\n