Ordered that the order is reversed, insofar as appealed from, as a matter of discretion, with costs, that branch of the defendant's cross motion which was to dismiss the complaint is granted, and the complaint is dismissed.
In November 1989 the defendant demanded from the plaintiff the production of certain tape recordings. In March 1990 the Supreme Court granted the defendant's unopposed motion for an order compelling the production of these tapes. The plaintiff...
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