Majority
p. 960J. P. Duffy Company, Respondent, v. William Kennedy Construction Company, Inc., and Others, Defendants, Impleaded with Douglass C. Fonda, Inc., Appellant.
Order unanimously modified by striking out the words “ on or before November 21st, 1938,” and inserting in place thereof the following: “ ten days after service of a copy of the order of this court affirming the order of the Special Term entered herein on the 13th day of October, 1938, denying motion to modify demand for a bill of particulars, with notice of entry thereof,” and as so modified affirmed, with ten dollars costs and disbursements to the respondent. No opinion. Present — Martin, P. J., Townley, Dore, Cohn and Callahan, JJ.