Opinion
September 26, 1949.
Action to recover commissions. Order granting, on condition, motion of plaintiffs to be relieved of the obligation to furnish particulars in response to item 3, contained in defendants' demand for a bill of particulars, reversed on the law and the facts, with $10 costs and disbursements, and the motion denied, with $10 costs. Order denying defendants' motion to preclude plaintiffs from offering evidence of items 3 and 4, set forth in defendants' demand for a bill of particulars, reversed on the law and the facts, without costs, and the motion granted, without costs, unless within twenty days from entry of the order hereon plaintiffs furnish a further bill of particulars with respect to items 3 and 4. The grounds urged by plaintiffs are insufficient to warrant their being relieved of their obligation to furnish the particulars sought by defendants. Nolan, P.J., Carswell, Adel, Sneed and Wenzel, JJ., concur.