
    Samuel Lewengood, Respondent, v. Emanuel H. Kahn, Appellant.
    Appeal from an order of the City Court of the city of New, York, denying defendant’s motion for a bill of particulars.
    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 ten dollars costs.

Present: Conlan and O’Dwyer, JJ.

Order affirmed, with ten dollars costs.  