Majority
p. 816Paul S. Van Baarn, Appellant, v. Mark Spero, Doing Business as Mark Spero of London, Respondent, et al., Defendants.
Order unanimously modified by providing that the motion to preclude is granted unless appellant serve within ten days after service of order with notice of entry a bill of particulars as to the following items of defendant-respondent’s demand: 2, 2(a), 2(b), 3 omitting therefrom “ if oral set forth the facts -and circumstances thereof ”, 4(c), 7(a), 10 omitting therefrom ‘‘if oral, set forth the facts and circumstances thereof ” and item 11, and unless appellant pay to respondent $10 costs. As so modified the order is affirmed, without costs of this appeal. No opinion. Settle order on notice. Present —Martin, P. J., Glennon, Untermyer, Cohn and Callahan, JJ.