Emmons Catering Corp. v. Lundy

Appellate Division of the Supreme Court of New York

Emmons Catering Corp. v. Lundy

13 A.D.2d 779, 216 N.Y.S.2d 666, 1961 N.Y. App. Div. LEXIS 11205

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 1, 1961

StatusPublished

This text of 13 A.D.2d 779 (Emmons Catering Corp. v. Lundy) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Emmons Catering Corp. v. Lundy, 13 A.D.2d 779, 216 N.Y.S.2d 666, 1961 N.Y. App. Div. LEXIS 11205 (N.Y. Ct. App. 1961).

Pincite

Opinion

In an action by plaintiff (tenant) to recover $15,000 deposited with defendant (landlord) as security for the faithful performance of the terms and conditions of a lease of defendant’s restaurant in Brooklyn, plaintiff appeals from an order of the Supreme Court, Kings County, dated December 7, 1960, which: (1) denied its motion to preclude defendant, by reason of his failure to serve a bill of particulars in accordance with its demand, from offering proof upon the trial with respect to the items specified in the demand; and (2) granted defendant’s cross motion to be relieved of his default and extended his time to serve said bill. Order affirmed, with $10 costs and disbursements. No opinion. Defendant’s time to serve the bill of particulars is further extended until 15 days after entry of the order hereon. Nolan, P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.

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In an action by plaintiff (tenant) to recover $15,000 deposited with defendant (landlord) as security for the faithful performance of the terms and conditions of a lease of defendant’s restaurant in Brooklyn, plaintiff appeals from an order of the Supreme Court, Kings County, dated December 7, 1960, which: (1) denied its motion to preclude defendant, by reason of his failure to serve a bill of particulars in accordance with its demand, from offering proof upon the trial with respect to the items specified in the demand; and (2) granted defendant’s cross motion to be relieved of his default and extended his time to serve said bill. Order affirmed, with $10 costs and disbursements. No opinion. Defendant’s time to serve the bill of particulars is further extended until 15 days after entry of the order hereon. Nolan, P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.

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Bluebook (online)

13 A.D.2d 779, 216 N.Y.S.2d 666, 1961 N.Y. App. Div. LEXIS 11205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emmons-catering-corp-v-lundy-nyappdiv-1961.