GAYNOR, J.:
The complaint alleges permanent injuries in general terms. A bill of particulars thereof should have been ordered. It was apparently denied on the ground that the defendant would not, as a condition of granting the motion, waive its right to have a physical examination of the plaintiff. This was error. The particulars of the injuries may in themselves furnish reason for a physical examination. Too many other particulars were asked for, and the habit in that respect should be restrained.
The order should be reversed and the motion granted in respect of permanent injuries, without costs.
HIRSCHBERG, P.J., JENKS, HOOKER and RICH, JJ., concurred.
Order reversed and motion granted for a bill of particulars in respect of permanent injuries claimed, without costs.