Opinion
April Term, 1896.
Present — Van Brunt, P.J., Williams, Patterson, O'Brien and Ingraham, JJ.
Order reversed with ten dollars costs and disbursements, and motion denied, with ten dollars costs, with leave to renew after issue joined. —
It appears from an examination of the papers upon this appeal that the bill of particulars was not needed for the purpose of preparing the answer to be put in to the plaintiff's complaint, and, therefore, the motion was prematurely made and should have been denied. It may, however, be proper to grant a bill as to some of the particulars referred to in those papers in order that the defendant may prepare for trial.