Order entered on October 2, 1960, denying defendant-appellant's motion to preclude, unanimously affirmed, without costs, and the stay pending appeal vacated.
While the demand for a bill of particulars was properly made (Rules Civ. Prac., rule 115), there are certain factors present to which we advert in explanation of the above disposition. On the submission of the appeal there was handed up to the court, without objection, an affidavit of respondent, to which was...
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