Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendant's motion which was to vacate the note of issue and, in effect, to compel the deposition of a nonparty witness is granted, and the plaintiff's cross motion to quash the subpoena is denied.
Since the defendant moved to vacate the note of issue within the time prescribed for doing so pursuant to 22 NYCRR 202.21 (e), and clearly demonstrated that the case...
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