Order modified by deleting from the second ordering paragraph thereof the words and figures "May 5, 1952, peremptorily", and inserting in place thereof "September 17, 1952", and by adding at the end thereof the words "without prejudice to an application by defendant at the Trial Term, for a further postponement of the trial, if it be so advised, upon a proper showing of due diligence in proceeding with the proposed commission." As so modified, the order is affirmed, without...
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