Athole B. Reader, Appellant, v. James B. Haggin, Respondent

Athole B. Reader, Appellant, v. James B. Haggin, Respondent. First Department, June 15, 1906. Appeal by thé plaintiff, Athole B. Reader,-from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 25th day of April, 1906, directing that the plaintiff be precluded from giving any evidence of certain affirmative allegations of the com, plaint as to which he failed to serve particulars as directed. John J. Kirby, for the appellant. Clifton P. Williamson, for the respondent. See Reader v. Haggin (ante, p. 112). [MAJORITY — Per Curiam :] Per Curiam : For the reasons given in Reader v. Haggin (114 App. Div. 112), decided herewith, the order appealed from must be reversed^ with ten dollars costs and disbursements, and with leave to the respondent to apply to have the appellant furnish the further perticulars required by the'original order. Present — O’Brien, P. J., Ingraham, McLaughlin,. r> *rke and Houghton, JJ. Order reversed, with ten dollars costs and disbursements, v/ith leave to respondent to apply to have appellant furnish toe further particulars required by the original order. Settle order on notice.