Opinion
March 22, 1950.
Present — Taylor, P.J., McCurn, Love, Vaughan and Piper, JJ.
Order reversed on the law and facts, with $10 costs and disbursements, and motion granted, with $10 costs, on the ground that the bill of particulars served does not comply with the demand and is contrary to the cause of action alleged in the complaint. All concur. (The order appealed from denies defendant's motion to preclude plaintiff from giving evidence on trial as to those items of which particulars have not been delivered as demanded.)