Opinion
February Term, 1898.
Present — Van Brunt, P.J., Barrett, Rumsey, O'Brien and McLaughlin, JJ.
Order modified by directing service of an unverified bill of particulars within twenty days after no ice of entry of order on this appeal, and by striking from the order entered at Special Term the 3d paragraph thereof. As so modified, order affirmed, without costs to either party.
We think it was entirely proper to order a bill of particulars as to the items mentioned in the 1st and 2d paragraphs of the order, but it seems to us that the items of profits which the plaintiff claims he could have realized on the cattle mentioned in the complaint, should not have been required to be stated in the bill of particulars No sufficient time was given to the plaintiff in which to furnish such bill of particulars, and he should not have been required to furnish a verified bill. The order should, therefore, be modified by directing the service of an unverified bill of particulars within twenty days after notice of the entry of the order upon this appeal, and by striking from the order entered at Special Term the 3d paragraph thereof. As so modified, the order should be affirmed, without costs to either party.