Order on reargument modified on the law and the facts by striking out everything following the word "reargument" and inserting in place thereof a provision granting appellant's motion to the extent of opening the default in the service of the bill of particulars upon condition that plaintiff pay to respondent Tully & Di Napoli $50 costs and serve the required bill of particulars. As thus modified, the order is affirmed, without costs, the payment of $50 costs and the...
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