Opinion
October 24, 1913.
Joseph L. Prager, for the appellant.
Philip J. Dunn, for the respondents.
Present — INGRAHAM, P.J., McLAUGHLIN, LAUGHLIN, CLARKE and SCOTT, JJ.
This action is to recover $2,000 for alleged loss by burglary under a policy of insurance issued by the defendant to the plaintiffs. The first defense sets up a breach of warranty with respect to a previous application and declination of insurance, and previous cancellation of a burglary insurance policy issued to the plaintiffs prior to the issuance of the policy alleged in the complaint. The second defense alleges a breach of warranty with respect to a required burglar alarm system and maintenance thereof.
The learned court should have granted the motion and directed the plaintiffs to reply to each of these defenses. The defendant should not have been required to furnish a bill of particulars respecting the facts set up in the first defense.
The order appealed from should, therefore, be reversed with ten dollars costs and disbursements, and the motion requiring a reply to each of the defenses granted.
Order reversed, with ten dollars costs and disbursements, and motion granted.