Spicer v. Stryker

Appellate Division of the Supreme Court of New York

Spicer v. Stryker

106 N.Y.S. 1146

Appellate Division of the Supreme Court of the State of New York·Decided October 19, 1907·Published

Opinion

PER CURIAM.

Order amended, so as to direct that there be stricken from the third defence the words, “realleges all the allegations hereinbefore set forth in the first and second defenses to the complaint herein, the same as though fully set forth herein,” and, as so amended, affirmed, without costs, with leave to plaintiff to make a separate motion for bill of particulars.

McLENNAN, P. J., not sitting.

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PER CURIAM.

Order amended, so as to direct that there be stricken from the third defence the words, “realleges all the allegations hereinbefore set forth in the first and second defenses to the complaint herein, the same as though fully set forth herein,” and, as so amended, affirmed, without costs, with leave to plaintiff to make a separate motion for bill of particulars.

McLENNAN, P. J., not sitting.

Spicer v. Stryker, 106 N.Y.S. 1146 (N.Y. Ct. App. 1907).

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