The motion was denied on condition that defendant appear for such examination on another date. Order reversed insofar as appealed from, with costs and disbursements to plaintiff, and motion granted, with $20 costs, to the extent only that, pursuant to CPLR 3126 (subd. 1), the issues, to which the information sought in plaintiff's notice of examination dated January 25, 1967 is relevant, are deemed resolved for purposes of the action as against said defendant in accordance...
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