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 motion which was, in effect, to compel the deposition of nonparty Leo Liebowitz, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.
The plaintiffs commenced this action to recover damages for injury to their real property. The injury...
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