Ordered that the order is modified by adding to the end of the second decretal paragraph the words "unless he appears for a deposition at a time and place mutually agreeable to the parties, but in no event later that 30 days before the trial"; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
Under the circumstances of this case, the Supreme Court improvidently exercised its discretion in granting that branch of the cross...
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