Kaplan v. Wallis ( 1909 )

LEHMAN, J.

The affidavit for the bill of particulars is so defective that it is insufficient to “set the court in motion.” Wales Mfg. Co. v. Lazzaro, 19 Misc. Rep. 477, 43 N. Y. Supp. 1110. The order appealed from should be reversed, with $10 costs and disbursements. All concur.