Ordered that the order entered March 20, 2003, is modified, on the facts and as a matter of discretion, by deleting the provision thereof determining that a sanction should be imposed upon the plaintiff; as so modified, the order entered March 20, 2003, is affirmed insofar as appealed from, without costs or disbursements; and it is further,
Ordered that the order dated June 5, 2003, is affirmed insofar as appealed from, without costs or disbursements.
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