Allen v. Dierkes — 125 N.Y.S. 1111

Majority

p. 1111

ALLEN v. DIERKES.

(Supreme Court, Appellate Division, First Department.

October 14, 1910.)

Headnote

Appeal from Special Term, New York County. Action by James A. Allen against John M. Dierkes. From an order directing plaintiff to serve a verified bill of particulars, plaintiff appeals. Reversed and motion denied.

James A. Allen, for appellant. Charles F. Senkowsky, for respondent.

The order should be reversed, with $10 costs and disbursements, and the motion denied, with $10 costs, upon the ground that the application for the bill of particulars was premature, and that the particulars were not necessary in order to enable the defendant to answer.