Zappas v. Horwill

Order reversed upon the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The plaintiffs have the affirmative upon the issues as to which the examination is desired, and the defendants are not, therefore, entitled to the examination. (Oshinsky v. Gumberg, 188 App. Div. 23.) The information desired may be obtained by means of a bill of particulars. Kelly, P. J., Rich, Jaycox, Manning and Kelby, JJ., concur.