Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the cross motion of the defendant Stuart Brewton which was to compel discovery, and substituting therefor a provision denying that branch of the cross motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
On April 3, 2006, the defendant Stuart Brewton (hereinafter
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