Ordered that the order is modified by deleting the provision thereof denying that branch of the motion which was to compel the defendant City of New York to produce the subject employee for a deposition and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
Although a municipality, in the first instance, has the right to determine which of its officers...
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