
    MARKHAM, Appellant, v. SHUE, Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    November 23, 1904.)
    Action by Homer J. Markham against Frank Shue.
   PER CURIAM.

Order reversed, with $10 costs and disbursements, and application for a bill of items denied, with $10 costs. Held that, the answer having been served and it not sufficiently appearing that such bill of items was necessary to enable defendant to prepare his answer, the application should have been denied. Davidow v. Auerbach, 15 App. Div. 424, 44 N. Y. Supp. 461; American Credit Indemnity Co. v. Bondy, 17 App. Div. 328, 45 N. Y. Supp. 267.  