Reversed, on the law, and in the exercise of discretion, and the motion for leave to serve such further bill of particulars is denied, with $40 costs and disbursements of this appeal to defendants-appellants.
While we are reluctant to interfere with the discretion of Special Term on a procedural matter, we feel we must do so in the present case. Another Justice of the Supreme Court had previously denied leave to serve the further bill of particulars because of laches...
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