Opinion
November, 1904.
Order reversed, with ten dollars costs and disbursements, and application for a bill of items denied, with ten dollars costs. Held, that no answer having been served, and it not sufficiently appearing that such bill of items was necessary to enable defendant to prepare his answer, the application should have been denied, ( Davidow v. Auerbach, 15 App. Div. 424; American Credit Indemnity Co. v. Bondy, 17 id. 328.) All concurred.