Opinion
February 11, 1959
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, JOSEPH B. RAFFERTY, J.
Milton I. Weintraub for appellant.
No one appearing for respondent.
For the reasons stated in this court's memorandum in Mazel Associates v. Bogdan ( 17 Misc.2d 200), there was no default in the defendant's service of his bill of particulars. Accordingly, this appeal should be dismissed as academic, without costs.
Concur — HECHT, J.P., AURELIO and TILZER, JJ.
Appeal dismissed, etc.