Order unanimously modified in accordance with the memorandum and as modified affirmed, without costs of this appeal to either party.
Memorandum:
Both parties were at fault in needlessly complicating the preliminary procedural moves in a commercial controversy and in unduly delaying its final disposition. In the first instance, the plaintiff's demand for a bill of particulars of the defendants' affirmative defenses and counterclaims was excessive and unduly...
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