Ordered that the order is affirmed insofar as appealed from, without costs or disbursements, and without prejudice to renewal in accordance herewith.
At bar, the plaintiff moved for the issuance of a commission to take the out-of-State deposition of a nonparty witness who could substantiate her allegations that the defendant had sexually abused their child. Such testimony is discoverable as "evidence material and necessary in the prosecution or defense of an action...
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