Union Circulation Co. v. Hardel Publishers Service, Inc.

The order striking certain items from defendants’ demand for a bill of particulars and granting plaintiff’s examination of defendants and directing that such examination shall precede the service of plaintiff’s bill of particulars is modified to strike the words ‘ ‘ but the examination is limited to the issues raised by the pleadings ’ ’, and is otherwise affirmed, with costs to plaintiff-respondent.

We take occasion, however, to comment on that portion of the order concerning the examination before trial which stated that ‘‘ the examination is limited to the issues raised by the pleadings.”…