Legrand v. D.U. Second Realty Co.

—Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered on or about October 25, 1999, which denied the third-party defendant’s motion for summary judgment dismissing the third-party complaint and all cross claims, unanimously affirmed, without costs.

Because the conditional order striking the third-party defendant’s answer became self-executing upon failure to comply with its terms (see, Dimitratos v City of New York, 180 AD2d 414; Matter of Simmons v Board of Educ., 169 AD2d 727), the third-party defendant had no pleading before the court. Accordingly, its motion for summary…