Ordered that the appeal from so much of the order as granted the plaintiff's motion for summary judgment is dismissed, as that part of the order was superseded by the interlocutory judgment entered thereon; and it is further,
Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof, in effect, denying that branch of the cross motion of the defendant Lawrence Ollivierre which was to compel the further deposition...
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