Order unanimously reversed, without costs of this appeal to any party, and motion denied, without costs, without prejudice to reapply upon appropriate papers.
Memorandum:
The papers submitted in support of the motion to serve an amended bill of particulars were inadequate in that there was no affidavit by a person with knowledge of the facts. Even though respondent failed to file any affidavits in opposition to the motion, in view of the appearance and oral...
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