Ivey v. New York Telephone Co.

Memorandum: As we read rule 115 of the Rules of *973Civil Practice, the only instances where the Special Term has authority to entertain an attack against a bill o£ particulars are (1) to preclude for failure to serve a bill complying either with a demand or an order (rule 115, subd. [e]), or (2) to preclude where the bill is defective or insufficient (rule 115, subd. [d]; see also Matthews v. Hubbard, 47 N. Y. 428). In this instance, we do not have presented either of the two situations above indicated. The information set forth in the bill of particulars was in compliance with either an order…