Opinion
April, 1923.
Order denying plaintiff's motion for an order to preclude defendant for failure to serve bill of particulars reversed upon the law, without costs, and motion remitted to the Special Term to exercise its discretion as to granting the same conditionally or otherwise. We think the pendency of the appeal from the order directing a bill of particulars ( ante, p. 680) was not a sufficient ground in itself for denying plaintiff's motion. Kelly, P.J., Manning, Kelby, Young and Kapper, JJ., concur.