241 Fifth Avenue Hotel v. GSY Corp.

*471Order, Supreme Court, New York County (Joan M. Kenney, J.), entered August 17, 2012, which granted defendant GSY Corp.’s motion to strike cross claim defendant Dan Shavolian’s answer and denied plaintiff 241 Fifth Ave. Hotel, LLC’s cross motion for summary judgment, unanimously modified, on the facts, to deny the motion to strike and to reinstate the answer on the condition that, within 30 days of the date of entry of this order, cross claim defendant Shavolian finish the deposition begun on December 12, 2011, and to impose as a sanction attorney’s fees and costs incurred by defendant GSY…