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LEGRAND v. D.U. SECOND REALTY CO.

277 A.D.2d 153 (2000)

716 N.Y.S.2d 304

JOHN LEGRAND, Plaintiff, v. D.U. SECOND REALTY CO. et al., Defendants and Third-Party Plaintiffs-Respondents. FERLIN SERVICE INDUSTRIES, INC., Third-Party Defendant-Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 28, 2000.

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 A.D.2d 414; Matter of Simmons v Board of Educ., 169 A.D.2d 727), the third-party defendant had no pleading before the court. Accordingly, its motion for summary judgment was untimely and properly denied (see, Alro...

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