Malan Construction Corp. v. Allis-Chalmers Manufacturing Co.

*789Concur — Capozzoli, J. P., MeGivern and McNally, JJ.; Nunez and Tilzer, JJ., dissent in part in the following memorandum by Nunez, J.: I dissent in part to the extent of voting to affirm the vacatur of the demand for a bill of particulars. In my view Special Term properly held that the remedy is not successive pruning by the court of the demand for a bill of particulars by eliminating some items and portions of others, but a vacatur of the demand. The complaint is reproduced in 8 pages of the record on appeal. On the other hand, the demand takes up 23 pages of the record on appeal. In Winter…