Opinion
April 24, 1950.
In an action to recover damages for libel, plaintiff appeals from two orders, the first of which denies his motion to vacate defendants' demand for a bill of particulars, and the second of which grants defendants' motion to compel him to serve a reply to an affirmative defense. The first mentioned order is modified by striking from the first ordering paragraph the words "in all respects denied" and by substituting in lieu thereof the following: "granted as to items 1 to 8 inclusive, and 11, and denied as to items 9 and 10"; and, further, by striking from the second ordering paragraph the words "the items" and inserting in place thereof the following: "items numbered 9 and 10". As so modified, the order is affirmed, without costs. The plaintiff is directed to serve the bill of particulars on defendants within ten days from the entry of the order hereon. No opinion. The appeal from the second order is dismissed, without costs, as academic, appellant having served the reply. Nolan, P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.