DUNCAN REALTY CO. v. INDEPENDENT TROUSER CO

PER CURIAM.

The provision of subdivision 7 of section 78 of the Municipal Court Code for "motion or notice" is construed as motion on notice. ( Teitelbaum v. Empire Bottling Works, 100 Misc. 103.) Such notice must be in writing. Under this section a party may be precluded only as to those matters of which particulars have not been furnished. ( Witschieben v. Glynn, 156 A.D. 193.)

Order reversed and motion denied, with leave to renew within ten days after service of order entered hereon.

All concur; present, HAMMER, CALLAHAN and FRANKENTHALER, JJ.