Opinion
October 15, 1951.
Action brought in the County Court, Suffolk County, to foreclose a mechanic's lien for lumber, trim and mill work allegedly sold by plaintiff to defendant Matthews Development Corp. Defendants counterclaimed for damages occasioned by plaintiff's alleged failure to deliver trim in accordance with the contract. An order was made by the County Court denying defendants' motion to vacate plaintiff's demand for a bill of particulars or, in the alternative, to strike items 1 and 7 from the demand. Subsequently, the action was removed from the County Court to the Supreme Court. Defendants appeal from so much of the order as pertains to part of item 7. Order, insofar as appealed from, affirmed, with $10 costs and disbursements, with leave to defendants to serve a further bill of particulars, in accordance with the demand, within ten days after service of a copy of the order to be made hereon. No opinion. Nolan, P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.