Order granting plaintiff's motion to preclude defendant from giving evidence at the trial of this action of the items of plaintiff's demand for a bill of particulars dated October 8, 1951, unanimously modified by granting leave to defendant to serve the bill of particulars on condition, however, that the said bill be served within ten days after service upon defendant of a copy of the order to be entered herein, and upon payment by said defendant of all taxable costs to date...
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