Opinion
May 16, 1949.
In an action by a wife against her husband to recover for necessaries, order granting in part motion of plaintiff to vacate or modify demand of defendant for a bill of particulars modified on the law and the facts by striking out all of the ordering paragraphs and by providing in lieu thereof the following: "Ordered that the plaintiff's motion be and the same is hereby denied, and that the plaintiff serve upon the attorney for the defendant, within 20 days after the service of a copy of this order, with notice of entry thereof upon the attorney for plaintiff, a verified bill of particulars in accordance with defendant's demand." As so modified, the order, insofar as appealed from, is affirmed, without costs, with leave to plaintiff to serve the aforesaid bill of particulars within ten days from the entry of the order hereon. Defendant is entitled to be advised in advance of the trial of all material factors with respect to the alleged expenditures for necessaries, the amounts and by whom such sums were advanced. Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.