Levine v. Blankman

William R. Brennan, Jr., J.

Motion by the plaintiff pursuant to rules 103 and 113 of the Rules of Civil Practice. Cross motion to preclude for failure to serve a bill of particulars.

*749As to the request to strike the answer as sham pursuant to rule 103, the motion is denied (Bess v. Ghana Philatelic Agency, 22 Misc 2d 175, 176).

With respect to the request for relief pursuant to rule 113, the papers submitted reveal the following facts: That a promissory note for $11,000 payable on December 10, 1959 was made by the Charm Button Co., Inc., to the order of the plaintiff on September 18, 1959; that…