MERRITT v. ELLIS

Order reversed as a matter of discretion, without costs of this appeal to any party, and plaintiff's motion granted, without costs. Memorandum: The history of the transaction and the various communications between counsel for the parties, together with the service and retention of the bill of particulars since April 28, 1954, require a reversal of the order appealed from as a matter of discretion and the granting of plaintiff's motion. All concur.