Summary
In Sackman (supra, p. 916) not only was plaintiff's request for a bill confined to affirmative defenses, but acknowledging the very rule asserted by defendant in opposition to the motion in the instant case, the court stated: "Defendant is correct in his contention that a defendant will not be required to furnish a bill of particulars as to denials or admissions contained in an answer."
Summary of this case from McLure v. GrecoOpinion
March 20, 1946.
Present — Taylor, P.J., Dowling, McCurn, Larkin, and Love, JJ.
Order affirmed, with $10 costs and disbursements. Memorandum: Under this complaint, alleging strict performance, plaintiff is not entitled to a summary judgment. All concur. (The order denies plaintiff's motion for summary judgment.)