
    KAPLAN v. WALLIS.
    (Supreme Court, Appellate Term.
    May 27, 1909.)
    Appeal from City Court of New York, Special Term. Action by Moses Kaplan against Frederick A. Wallis. From an order directing him to serve a bill of particulars of his counterclaim, defendant appeals.
    Reversed.
    Heyn & Covington (Bernard G. Heyn, of counsel), for appellant.
    Herman Roth, for respondent.
   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.  