Opinion
June, 1929.
Present — Dowling, P.J., Merrell, Finch, McAvoy and Proskauer, JJ.
Order modified by granting leave to defendant, if so advised, in lieu of giving facts, to state that it is not in possession of the particulars demanded at the present time and intends to rely on the testimony of the plaintiff's witnesses, and as so modified affirmed, with ten dollars costs and disbursements to the respondent. No opinion. The bill of particulars to be served within ten days from service of order.