
    Jean Adler, Respondent, v. Libit Chemical Co., Inc., Appellant.
    
    Supreme Court, Appellate Term, Second Department,
    March 6, 1931.
    
      Samuel Zinman [Vita Lipschults with him on the brief], for the appellant.
    
      Shepard Broad, for the respondent.
    
      
       See, contra, Thomas v. Koeppen (136 Misc. 346).
    
   Per Curiam.

Order unanimously reversed upon the law, with ten dollars costs and taxable disbursements, and motion remitted to the court below for consideration and decision upon the merits. Where a bill of particulars has been ordered and the bill served does not comply with some or all of the requirements of the order, it may be returned and thereupon a motion for a preclusion may be made, (de Gumoens v. Equitable Trust Co., 211 App. Div. 399; Hurtog v. Lewis, 200 id. 649; Witschieben v. Glynn, 156 id. 193.)

All concur. Present, Cropsey, MacCrate and Lewis, JJ.  