¶1We are agreed that the record does not present a case that would justify an interference with the discretion exercised by the court at Special Term, but in view of the fact that the defendant has died since that determination, leave is granted *860to the executors as substituted defendants; to apply anew for a bill of particulars.
¶2Order appealed from affirmed, with ten dollars costs.
¶3Present: Conlan and O’Dwyer, JJ.
¶4Order affirmed, with ten dollars costs.