La Scala v. Lyon — 32 N.Y. St. Rep. 505

Majority

p. 505

Diego La Scala, App’lt, v. Leroy M. Lyon, Resp’t.

(Supreme Court, General Term, First Department

Filed June 6, 1890.)

Headnote

Bill of particulars — Answer to application.

An affidavit that defendant has stated the elements of the justification pleaded with as great particularity as he can, is a sufficient answer to an applicati n for a h 11 of particulars thereof.

Appeal from order denying motion for bill of particulars.

H. 0. Chapman, for app’lt; D. Nicoll, for .resp’t

The answer of the defendant setting up justification is quite elaborate, many details are given, and the defendant swears he has stated the elements of the justification with as great particularity as he can.

This, we think, is a sufficient answer to the application made; and the order appealed from was correct, and it should be affirmed, with ten dollars costs and disbursements.

Van Brunt, P. J., Brady and Daniels, JJ., concur.