Summary
In Stawiasz v. Creadon (263 App. Div. 934) the court required the plaintiff to state in a bill of particulars in what respects the lands and buildings were damaged and to state in detail the repairs made necessary.
Summary of this case from Ferreri v. Dworman AssocOpinion
January 16, 1942.
Present — Crosby, P.J., Cunningham, Dowling, Harris and McCurn, JJ.
Order modified by directing that in addition to paragraph 1 of the demand, the plaintiffs furnish in the bill of particulars a statement setting forth in what respects the land, buildings and appurtenances of plaintiffs were injured, harmed and damaged, otherwise than as specified in paragraph XII of the complaint, together with a statement showing in detail the repairs to plaintiffs' land, buildings and appurtenances made necessary, and as modified affirmed, without costs of this appeal to any party. All concur. (The order grants plaintiffs' motion to strike certain items from defendants' demand for a bill of particulars.)