General
Paul S. Van Baarn, Appellant, v. Mark Spero, Doing Business as Mark Spero of London, Respondent, et al., Defendants
269 A.D. 816·New York Supreme Court, Appellate Division·1945·NY
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Opinion
Paul S. Van Baarn, Appellant, v. Mark Spero, Doing Business as Mark Spero of London, Respondent, et al., Defendants.
[MAJORITY]
Order unanimously modified by providing that the motion to preclude is granted unless appellant serve within ten days after service of order with notice of entry a bill of particulars as to the following items of defendant-respondent’s demand: 2, 2(a), 2(b), 3 omitting therefrom “ if oral set forth the facts -and circumstances thereof ”, 4(c), 7(a), 10 omitting therefrom ‘‘if oral, set forth the facts and circumstances thereof ” and item 11, and unless appellant pay to respondent $10 costs. As so modified the order is affirmed, without costs of this appeal. No opinion. Settle order on notice. Present —Martin, P. J., Glennon, Untermyer, Cohn and Callahan, JJ.