Opinion
June 13, 1950.
Appeal from Supreme Court, New York County.
As costs have been retaxed and paid by plaintiff, the order, insofar as it granted a stay for failure to pay costs, is reversed and the stay vacated.
The order, insofar as it granted the defendants' application to preclude unless a further bill of particulars is furnished, should be modified by striking out the following items from the further bill: I (c), I (h), V (i) and (j) and XX (f); and as so modified affirmed, with $10 costs and disbursements to plaintiff-appellant.
Both parties to this litigation should desist from further unnecessary or vexatious motions or appeals and proceed to trial expeditiously.
Peck, P.J., Dore, Cohn, Callahan and Van Voorhis, JJ., concur.
Order unanimously modified by striking from the further bill items I (c), I (h), V (i) and (j) and XX (f) and, as so modified affirmed, with $10 costs and disbursements to the appellant.