Order, entered January 5, 1962, granting plaintiff's motion for an open commission to take the deposition of a nonresident witness in California, unanimously modified on the law, and the facts and in the exercise of discretion, to the extent of striking out the provision requiring defendant to pay plaintiff the sum of $1,500 as and for her necessary expenses for the attendance of her attorney in the event the deposition be taken under an open commission, and substituting...
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