Ordered that the order is affirmed insofar as appealed from, with costs.
Contrary to the defendants' contention, the Surrogate's Court providently exercised its discretion in denying that branch of their motion which was to preclude the plaintiffs from calling nonparty witness Frank Raguso at trial. The defendants failed to establish that the plaintiffs violated either an outstanding discovery request or a discovery order. Therefore, the determination to afford the...
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