Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof denying that branch of the plaintiffs' motion which was to strike the defendant's answer pursuant to CPLR 3126 (3), and substituting therefor provisions granting that branch of the motion to the extent of (1) directing that the defendant's answer be stricken unless, within 45 days, the defendant produces for a deposition the physician who was in charge of...
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