Ordered that the order is reversed, with costs, and the matter is remitted to the Supreme Court, Nassau County, for a hearing on the issue of whether the appellant is guilty of contempt.
The plaintiff moved to hold the appellant in contempt on the ground that he failed to appear for a deposition after service upon him of a subpoena. The documentary evidence submitted by the plaintiff in support of the motion indicated that the typewritten date for the deposition had...
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