INC. VILL. OF PLANDOME MANOR v. GREENE


5 A.D.2d 850 (1958)

Incorporated Village of Plandome Manor, Respondent, v. Cy Greene et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 24, 1958


Order modified so as to provide that (1) the second affirmative defense be not struck out, (2) in addition to the items of the demand for a bill of particulars allowed, items 3 and 6 be allowed in full and item 4 be allowed insofar as it relates to other fences in the neighborhood, and (3) appellants be permitted to examine respondent before trial as to items 2, 3, 6, and 7 of the notice. As so modified, order insofar as appealed from affirmed, without costs.

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