Cotton v. Dalton Manufacturing Corp.

248 A.D. 892, 291 N.Y.S. 179, 1936 N.Y. App. Div. LEXIS 7970

Opinion

Order granting in part and denying in part the defendants’ motion for a bill of particulars of the complaint modified by including therein items contained in order to show cause numbered 1(c), 1(d), 2(d), 2(e), 3(d), 3(e), 4(d), 4(e), 4(f), 5(c), 5(e), 6(c), 6(d), 8(b), 8(c), 9(b), 9(e), 10(d) and 10(e). As so modified the order, in so far as an appeal is taken therefrom, is affirmed, without costs. We are of opinion that, under the circumstances disclosed by the pleadings, the defendants are entitled to have the information sought, if the plaintiff is in possession of it. The plaintiff is directed to serve the bill of particulars within ten days after the entry of the order hereon. Lazansky, P. J., Young, Hagarty, Adel and Taylor, JJ., concur.