Majority
p. 1056Sam Palmisano, Plaintiff, v. New York Central Railroad Company, Defendant and Third-Party Plaintiff-Respondent. Fred Ballard, Doing Business under the Name of Fred Ballard Construction Company, Third-Party Defendant-Appellant.
All concur. (The portion of the order appealed from denies a motion by the third-party defendant for an order precluding the third-party plaintiff from giving evidence in support of allegations in the third-party complaint as to which it failed to give particulars as demanded in notice.) Present — Taylor, P. J., MeCurn, Love, Vaughan and Kimball, JJ.