Order reversed, without costs of this appeal to either party, and matter remitted to Special Term for further proceedings in accordance with the memorandum.
Memorandum:
Two orders were granted by Justice WITMER, each dated February 2, 1960. One order denied the right to serve a supplemental bill of particulars "without prejudice", and the other was an outright order to preclude. The second of these orders is recited in the order appealed from, but the first...
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