Majority
p. 711William Fox, Respondent, v. Jacob W. Loeb, Appellant. (Appeal No. 2.)
Order reversed upon the law and the facts, with ten dollars costs and disbursements, motion denied, with ten dollars costs, and plaintiff directed to serve the bill of particulars within ten days after service of a copy of the order to be entered upon this decision with notice of entry. No facts are shown from which it appears that
p. 712
plaintiff cannot frame bis bill of particulars in advance of the examination before trial. Lazansky, P. J., Young, Kapper, Carswell and Davis, JJ., concur.