Prutinsky v. Commercial Union Assur. Co.

HULBERT, District Judge.

Plaintiffs move for a bill of particulars of five of the six separate defenses set up in the defendant’s answer.

All of the cases relied upon by the plaintiffs were decided in the New York State courts. They are not controlling here. Pearson v. Hershey Creamery Co., D.C., 30 F.Supp. 82.

Contrary to the state court practice applications for bills of particulars of permissive defenses separately pleaded as distinguished from affirmative defenses have been denied. Rockwood Co. v. Northwestern Fire & Marine Insurance Co., D.C.E.D. N.Y., 26 F.2d 824, followed in this district…