Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, the complaint is reinstated, that branch of the cross motion which was for leave to amend the bill of particulars is granted, and the amended bill of particulars is deemed served on the defendant with leave to the defendant to depose the plaintiff Steven Lipari with respect to any new matter in the amended bill of particulars that was not the subject of his prior deposition...
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