Ordered that the appeal by the defendant Albert Sutton from so much of the order as denied that branch of the cross motion which was to strike the amended bill of particulars is dismissed, without costs or disbursements, as the defendant Albert Sutton is not aggrieved by that portion of the order (see, CPLR 5511); and it is further,
Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the cross motion...
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