Order reversed, with $10 costs and disbursements, and motion denied; the bill of particulars to be served within 20 days after entry of the order hereon.
In our opinion, the record disclosed special circumstances which justify a departure from the general rule not to direct a bill of particulars of the defense of payment (4 Carmody-Wait, New York Practice, p. 647, § 31; Dowling v. Kelly, 263 App. Div. 837; Coolidge v. Stoddard, 120 App. Div. 641...
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