Maple Leasing Corp. v. Valenti

Appellate Division of the Supreme Court of New York

Maple Leasing Corp. v. Valenti

3 A.D.2d 914, 163 N.Y.S.2d 949, 1957 N.Y. App. Div. LEXIS 5645

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

DecidedMay 6, 1957

StatusPublished

This text of 3 A.D.2d 914 (Maple Leasing Corp. v. Valenti) 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

Maple Leasing Corp. v. Valenti, 3 A.D.2d 914, 163 N.Y.S.2d 949, 1957 N.Y. App. Div. LEXIS 5645 (N.Y. Ct. App. 1957).

Pincite

Opinion

In an action to recover damages for an alleged breach of an agreement to excavate land, the appeal is from so much of an order, granting appellant’s motion to preclude unless respondents serve a bill of particulars, as modifies the demand for the bill by striking therefrom items 1, 2, 8, 12, 13, 14, 15, 16, 17, and 18. Order modified by striking from the first ordering paragraph “ ‘ 17 ’ and ‘ 18 ’ ” and by substituting therefor “ and ‘ 17 ’ ”, and by adding to the second ordering paragraph after subdivision “8:” a new subdivision “9: Set forth the manner in which each plaintiff arrives at the [915]*915sum of $8,136.02.” As so modified, order, insofar as appealed from, affirmed, without costs. In our opinion, appellant is entitled to have the particulars required by item “ 18 ” of his demand. Nolan, P. J., Murphy, Ughetta, Hallinan and Bileinfeld, JJ., concur.

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In an action to recover damages for an alleged breach of an agreement to excavate land, the appeal is from so much of an order, granting appellant’s motion to preclude unless respondents serve a bill of particulars, as modifies the demand for the bill by striking therefrom items 1, 2, 8, 12, 13, 14, 15, 16, 17, and 18. Order modified by striking from the first ordering paragraph “ ‘ 17 ’ and ‘ 18 ’ ” and by substituting therefor “ and ‘ 17 ’ ”, and by adding to the second ordering paragraph after subdivision “8:” a new subdivision “9: Set forth the manner in which each plaintiff arrives at the [915]*915sum of $8,136.02.” As so modified, order, insofar as appealed from, affirmed, without costs. In our opinion, appellant is entitled to have the particulars required by item “ 18 ” of his demand. Nolan, P. J., Murphy, Ughetta, Hallinan and Bileinfeld, JJ., concur.

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Bluebook (online)

3 A.D.2d 914, 163 N.Y.S.2d 949, 1957 N.Y. App. Div. LEXIS 5645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maple-leasing-corp-v-valenti-nyappdiv-1957.