Ordered that the order dated May 5, 2003, is affirmed insofar as appealed from, without costs or disbursements; and it is further,
Ordered that the order dated September 11, 2003, is reversed, on the law and as a matter of discretion, without costs or disbursements, the motion to strike the "restated notice of depositions" is denied, and the cross motion to compel the plaintiff to comply with the restated notice of depositions is granted.
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