Opinion
April, 1913.
Appeal from an order of the Supreme Court, entered in the New York county clerk's office on the 10th day of March, 1913, granting a motion for a bill of particulars.
Present — Ingraham, P.J., Clarke, Scott, Dowling and Hotchkiss, JJ. Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.
It is obvious that the paragraph numbered 8 included in the counterclaim herein refers to all the stock delivered to the plaintiff under the alleged contract between him and the defendant, and, therefore, a bill of particulars thereof is unnecessary. The order appealed from will, therefore, be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs.