Opinion
May 12, 1952.
In an action to have a deed declared a mortgage, order insofar as appealed from modified on the law and the facts by striking therefrom so much thereof as grants motion of respondent for a further bill of particulars by the plaintiff by denying the motion for a further bill. As so modified, order affirmed, without costs. The respondent fails to point out in any specific manner any deficiency in the bill of particulars which was furnished. Nolan, P.J., Carswell, Johnston, Adel and Wenzel, JJ., concur.