Ordered that the order is modified, on the law, by deleting the provision thereof, in effect, denying that branch of the motion of the defendants Kenny Barrios and Boris J. Ortiz which was pursuant to 22 NYCRR 202.21 to vacate the note of issue, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with one bill of costs to the defendants Kenny Barrios and Boris J. Ortiz.
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