Alfred A. Freudenheim & Co. v. Eastern Seaboard Steel Inc.

Service of the bill of particulars was a basis for renewal of the motion for an examination of defendants before trial but not a proper basis of the motion for reargument. The procedure was improper and tended to avoid consideration of the items on the merits. Order unanimously reversed, without costs, and the motion denied without prejudice to a new motion by plaintiff for examination before trial. Present — Peck, P. J., Dore, Cohn and Callahan, JJ.