SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
June 18, 1968
JOSEPH LOTTERMAN, RESPONDENT,
F. H. MCGRAW AND COMPANY, APPELLANT
Concur -- Stevens, J. P., Steuer and McNally, JJ.; Tilzer and McGivern, JJ. dissent and vote to affirm.
Order entered February 16, 1968 modified on the law, the facts and in the exercise of discretion, without costs or disbursements, so as to grant defendant's motion for preclusion, unless a sufficient bill is filed within 10 days of the date of service of a copy of the order hereon. The bill as served does not comply with the prior order.
Otherwise the order is affirmed.
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