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. In an order dated September 28, 2010, the Supreme Court granted Benihana’s motion to strike Nappo’s answer pursuant to CPLR 3126, and denied Nappo’s cross motion for summary judgment as academic.

Thereafter, Nappo moved for leave to reargue both his cross motion and his…