Order unanimously reversed on the law without costs and motion granted in accordance with the following Memorandum: Steven J. Smith and Debra Smith (defendants) appeal from an order of Supreme Court denying their motion for the issuance of letters rogatory to conduct depositions upon written questions of three witnesses. Defendants established that those witnesses may have evidence "material and necessary" in the defense of the action (CPLR 3101 [a]; see, Allen v Crowell...
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