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BERGER v. FORNARI

12 A.D.3d 389 (2004)

783 N.Y.S.2d 830

STEFAN BERGER, Respondent, v. VICTOR FORNARI, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 8, 2004.

Ordered that the notice of appeal is deemed to be an application for leave to appeal and leave to appeal is granted (see Mann v Alvarez, 242 A.D.2d 318, 320 [1997]); and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which was to compel the plaintiff to appear for a further deposition concerning the information allegedly divulged by the defendant...

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