Order entered August 9, 1965, directing defendant to appear and submit to oral examination, unanimously modified, on the law, on the facts and in the exercise of discretion, with $30 costs and disbursements to defendant-appellant, to the extent of requiring the bill of particulars to be served prior to the examination before trial of defendant, and, as so modified, affirmed.
Plaintiff noticed his examination before defendant answered purportedly pursuant to CPLR 3106...
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