Opinion
October 23, 1908.
Samuel P. Goldman, for the appellant.
Samuel Fine, for the respondents.
Present — PATTERSON, P.J., INGRAHAM, LAUGHLIN, CLARKE and SCOTT, JJ.
The action is for damages to personal property and for injury to the freehold, and is a case in which a bill of particulars is peculiarly appropriate. The plaintiffs have been able to estimate the gross damage which they deem themselves to have suffered, and should find no difficulty in stating the details thereof.
The order appealed from must, therefore, be reversed, with ten dollars costs and disbursements, and the motion granted except as to the sixth item of particulars demanded.
Order reversed, with ten dollars costs and disbursements, and motion granted except as stated in opinion.