Soto v. Scala 49 A.D.2d 721

Order, Supreme Court, Bronx County, entered February 26, 1975, unanimously affirmed, without costs and without disbursements. The reasons for delay in furnishing a bill of particulars were satisfactorily explained by plaintiffs and, no prejudice having been shown, it was a proper exercise of discretion to permit the belated bill to be served and to deny the motion to dismiss. Concur—Stevens, P. J., Markewich, Kupferman, Capozzoli and Nunez, JJ.