Order, entered August 17, 1964, denying appellant's motion to vacate a notice to take his deposition as a witness and to quash a subpœna unanimously reversed, on the law and the facts and in the exercise of discretion and the motion granted, without costs.
In the action by a wife for separation, the husband pleaded the alleged adultery of plaintiff as a defense and counterclaimed for a separation on the ground of adultery and cruelty. Defendant served a notice...
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