Sigerist v. McGarrett

—In an action for an accounting, the appeal is from an order granting a motion to require appellant to serve a verified bill of particulars. The motion was made more than 20 days after appellant had filed a statement of readiness and without respondent having moved to strike the action from the calendar in accordance with the provisions of subdivision (4) of the Special Rule of this court. Order modified by striking from the ordering paragraph item “1”. As so modified, order affirmed, with $10 costs and disbursements to appellant. Item “1” is improper because it seeks the names of witnesses…