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EUGENIA SILBERFELD, Appellant, Respondent, v. SWISS BANK CORPORATION, Respondent, Appellant, and Others, Defendants. (Action No. 1.)

Appeal by plaintiff from so much of a resettled order as strikes out item 18 in her demand for a bill of particulars of the amended answer of the respondent-appellant Swiss Bank Corporation. Cross-appeal by said respondent-appellant from so much of the same order as denies its motion to strike out items 1 to 5 and 8 to 17, inclusive, contained in the same demand. Resettled order modified on the law by striking therefrom the first decretal paragraph and inserting in lieu thereof the following: "ORDERED that the motion to strike out items 1 to 7, inclusive, and items 18 and 19 of the demand, is granted; and the motion to strike out items 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 is hereby denied; and it is." As thus modified, the order, in so far as appealed from, is affirmed, with ten dollars costs and disbursements to respondent-appellant. In our opinion items 1 to 5 should have been struck out under the well-established rule that a defendant will not be required to furnish a bill of particulars as to denials or admissions contained in an answer. Lazansky, P.J., Carswell, Johnston, Adel and Close, JJ., concur.

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SILBERFELD v. SWISS BANK CORPORATION
(Mar 23, 1942)