Opinion
November 28, 1950.
Present — Peck, P.J., Glennon, Dore, Van Voorhis and Shientag, JJ.
Order unanimously modified by restoring items 5, 6, 7, 9, 10 and 11 of the demand for a bill of particulars and, as so modified, affirmed, with $20 costs and disbursements to the appellant. Moreover, under the circumstances of this case, the plaintiff should be required to serve a bill of particulars prior to conducting an examination before trial. Settle order on notice.