Opinion
October 30, 1951.
Present — Peck, P.J., Glennon, Dore, Callahan and Van Voorhis, JJ. [See post, p. 777.]
Order, so far as appealed from, unanimously modified by limiting the bill of particulars to items 1(a), (b), (c), (d), (e) and (h) and, as so modified, affirmed with $10 costs and disbursements to the appellants. The other items requested are not a proper particularization within the purpose of a bill of particulars, but are more in the nature of a search for evidence and examination of defendants. Settle order on notice. Order, so far as appealed from, unanimously modified by granting the motion for an examination before trial of plaintiff, except with respect to items 5 and 9, and the examination before trial of Bernard R. Lieberman, except with respect to items 5, 7, 8, 11 and 17 and, as so modified, affirmed, with $10 costs and disbursements to the appellant. Settle order on notice.