
    Jacob Leiter, Appellant, v. Millie A. Green et al., Respondents.
    Supreme Court, Appellate Term, First Department,
    June 26, 1958.
    
      David Fund and Sidney Naishtat for appellant.
    
      Thomas J. Flood and William A. Gibbons for respondents.
   Per Curiam.

In view of the retention of the bill of particulars for more than a month after its service and the continuance of settlement negotiations in the meantime, the denial of the motion to relieve the plaintiff of the consequences of the preclusion order was an improvident exercise of discretion.

The order should be reversed, without costs, and motion granted.

Concur — Steuer, J. P., Hofstadter and Aurelio, JJ.

Order reversed, etc.  