Order entered on May 13, 1970, denying motion to renew a prior motion for a protective order and granting plaintiff-respondent's cross motion to strike the answer is unanimously modified on the law and the facts, and plaintiff-respondent's consent, to the extent of granting the cross motion, unless the defendant Witty, individually and as a member of the partnership, shall appear and submit to examination at Special Term, Part II, on a day to be fixed in the order to be settled...
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