Opinion
March 4, 1971
Order, Supreme Court, New York County, entered October 8, 1970, granting leave to plaintiff to serve a supplemental bill of particulars, unanimously modified, on the law and the facts and in the exercise of discretion, to the extent of imposing terms of $100, and otherwise affirmed. Appellants shall recover of respondent $30 costs and disbursements of this appeal. Although we perceive neglect in plaintiff's failure to follow the initial order of Special Term, and the ensuing delay in serving the bill of particulars, after filing a statement of readiness, we leave undisturbed the basic discretion of Special Term in view of the nature of the action, the claimed difficulty in assembling the detailed specifications demanded, and the status of the action, as well as the period of its pendency. ( McSweeney v. Levin, 32 A.D.2d 760.)
Concur — McGivern, J.P., Markewich, Kupferman, McNally and Steuer, JJ.