
    Russell A. Oviatt, Plaintiff, v. Nellie M. Oviatt, Defendant.
    (New York Superior Court
    Special Term,
    October, 1895.)
    A bill of particulars of the acts of adultery alleged in the complaint in an action for divorce should not he granted, as the information sought lies peculiarly within the knowledge of the defendant.
    Motion for bill of particulars.
    
      A. M. Sanders, for plaintiff.
    
      Nichols c& Bacon, for defendant.
   Gtldebsleeve, J.

It does not seem to me that a bill of particulars should be ordered in' this case. The action is for divorce on the ground of adultery. The complaint names the places where the alleged acts of adultery were committed, and also gives the name of at least one of the alleged co-respondents. It is true that the dates are somewhat indefinite, but the information sought for lies peculiarly within the knowledge of the defendant, who seeks it; and there is little danger of undue surprise at. the trial. The motion should, therefore, be denied. See Fink v. Jetter, 38 Hun, 163. Ho costs.

Motion denied, without costs.  