Bieniek v. Miller Drug Stores, Inc.

Order unanimously reversed, with costs and motion granted, with $10 costs, and the so-called first eause of action which plaintiff claims was 'abandoned reinstated and restored to the calendar. Memorandum: It is asserted by defendant, and not controverted by plaintiff, that a summons and complaint was served on defendant by plaintiff December 20, 1962; that issue was joined by service of an answer January 21, 1963; that on January 21, 1963 defendant served a demand for a bill of particulars; that no ’ bill of particulars was served pursuant to the demand and that on March 27, 1963 an ■'order…