Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof granting that branch of the motion of the defendant David Ingram which was pursuant to CPLR 3126 to dismiss the derivative cause of action for loss of services insofar as asserted against him only to the extent of precluding the plaintiff Jill M. Livoti from offering testimony at trial if she did not appear for a deposition within 30 days, and substituting...
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