Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was to preclude the use of the December 3, 2003 deposition testimony of Jeffrey H. Newton is granted, the separate cross motions of the defendants Empire Blue Cross and Blue Shield and PVI Industries, Inc., to unseal the deposition transcript are denied, the deposition transcript of Jeffrey H. Newton is resealed, and the defendants Empire Blue Cross and Blue...
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