Order, entered February 16, 1967, unanimously modified, on the law and the facts and in the exercise of discretion, with $30 costs and disbursements to defendant-appellant, to the extent of granting motion to preclude unless plaintiff, within 10 days following entry of order hereon, shall serve a bill of particulars in response to defendant's demand dated May 17, 1966, and to extent of granting defendant's motion pursuant to CPLR 3122 to vacate plaintiff's notice for discovery...
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