Herkrath v. Gaffin

—Order, Supreme Court, New York County (Beverly Cohen, J.), entered August 14, 1992, which, inter alia, denied the respective motions by third-party defendant Mark Gross-man for summary judgment pursuant to CPLR 3212 and to dismiss for failure to proceed with discovery the third-party *488complaint by defendants and third-party plaintiffs Gaffin & Mayo, P. C., Dudley Gaffin and Saul Rudes ("the Gaffin Defendants”), and which granted the motion by the Gaffin Defendants pursuant to CPLR 3126 and 3042 (c) to strike the plaintiff’s complaint and Grossman’s answer and/or to compel disclosure to the…