
    LEWENGOOD, Respondent, v. KAHN, Appellant.
    (City Court of New York,
    General Term.
    May, 1901.)
    Action by Samuel Lewengood against Emanuel H. Kahn.
    Wasserman & Jacobus, for appellant. Leo G. Rosenblatt, for respondent.
   PER CURIAM.

We are agreed that the record does not present a case that would justify an interference with the discretion exercised by the court at special term; but, in view of the fact that the defendant has died since that determination, leave is granted to the executors, as substituted defendants, to apply anew for a bill of particulars. Order appealed from affirmed, with $10 costs. Order affirmed, with $10 costs.  