Order entered June 22, 1967, denying defendant's motion to vacate plaintiff's notice to take the deposition of a nonresident witness without the State pursuant to CPLR 3108, unanimously modified, on the law and the facts and in the exercise of discretion, to provide that appellant may, within 20 days from the date of the order entered herein, serve on respondent written notice that he elects to conduct, at his own expense, oral cross-examination of the witness; and in such...
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