Ordered that the order is reversed, on the law, with costs, the appellants' motion for leave to examine Robert M. Gordon, M.D., by open commission pursuant to CPLR 3108 is granted, the plaintiff's cross motion for a protective order is denied in its entirety, and the matter is remitted to the Supreme Court, Nassau County, for the purpose of issuing an open commission to a person before whom depositions may be taken in accordance with CPLR 3113.
The plaintiff, who...
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