Finkelstein Realty, Inc. v. Rudensky

Plaintiff moves to examine the third-party defendants. In opposition, third-party defendant Yagoda contends examination is not proper because plaintiff has made no claim of any kind against him and because he has in his answer made no claim against plaintiff.

In Ciaffone v. Manhattantown, Inc. (20 A D 2d 666) the Appellate Division, Second Department, held that the examination of a defendant by a third-party defendant should be limited only to those matters which are material and necessary to the third-party action. However, subsequently, in Lombardo v. Pecora (23 A D 2d 460) the same court…