Appellate Division of the Supreme Court of the State of New York July 11, 2012 (Denn v. Hardwick)

The defendant Benihana moved to strike the answer of the third-party defendant Nick Nappo, based upon Nappo’s failure to comply with two orders directing him to appear for an examination before trial. Nappo, in turn, cross-moved for summary judgment dismissing the third-party complaint insofar as asserted against him.