Ordered that the order entered January 19, 2011, is reversed, on the law, with costs, and the plaintiff's motion for clarification of the order dated November 30, 2010, so as to provide that he is not precluded from calling the third-party defendant Nick Nappo as a witness at trial on his own case is granted.
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...
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