Ordered that the order is reversed insofar as appealed from, as a matter of discretion, with costs, the motion is denied, and so much of the order dated July 20, 1998, as struck the answer of the defendant 21st Avenue Transportation Co., Inc., is reinstated.
As a result of the failure of the defendant 21st Avenue Transportation Co., Inc. (hereinafter 21st Avenue), to produce a witness for a deposition within 30 days of the entry of a conditional order striking its...
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