Majority
p. 739Anna E. Smallman, Respondent, v. Jane C. Smallman, Individually and as Executrix, etc., of Thomas F. Smallman, Deceased and Others, Appellants, and Henry J. Jauch, Defendant.
Order denying motion of appealing defendants for a bill of particulars reversed upon the law and the facts, without costs, and matter remitted to the Special Term for the purpose of determining the extent of the relief to be granted on the motion for a bill of particulars. The fact that the motion included particulars to which the moving parties were clearly not entitled did not justify a denial of the motion in its entirety. Lazansky, P. J., Rich, Kapper, Hagarty and Carswell, JJ., concur.