Maglieri v. Saks

Order,. entered August 21, 1969, granting plaintiff’s motion to vacate a preclusion order and permitting service of a bill of particulars, unanimously modified on the law and the facts, and in the exercise of discretion to' the extent of conditioning the vacatur of the preclusion order upon the payment of $100 in costs by plaintiff, within 20 days from the date of entry of the order herein, and- otherwise the order is affirmed, with $30 costs and disbursements to defendant-appellant, Under the circumstances, plaintiff’s service of a bill of particulars after the time fixed by the conditional…