Ordered that on the Court's own motion, the appellant's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the branch of the motion which was to direct the defendant Stephen Solomon to attend a further pretrial deposition to answer questions as to his mental or physical condition is...
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