Emrich v. Henry S. Levy & Son, Inc. ( 1929 )

On argument, order denying motion to preclude plaintiff from giving certain evidence reversed upon the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, without prejudice to plaintiff to apply for leave to open default in serving bill of particulars. Plaintiff was in default and the court should have granted the motion. Lazansky, P. J., Rich, Young, Seeger and Seudder, JJ., concur.