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LEWIS KANTER, Respondent, v. AL COOPER, Appellant.

Appeal by defendant from an order granting plaintiff's motion to preclude proof of a separate defense in an answer unless a bill of particulars is served within twenty days, affirmed, with $10 costs and disbursements. When matter which could be proved under a general denial is unnecessarily pleaded as a separate and distinct defense, the plaintiff is entitled to a bill of particulars under rule 115 of the Rules of Civil Practice. ( Burns v. Lipson, 204 App. Div. 643.) Cases to the contrary which defendant invokes are obsolete. Carswell, Acting P.J., Johnston, Adel, Sneed and Wenzel, JJ., concur.

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KANTER v. COOPER
(Dec 18, 1950)