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Lucas v. 535 Park Avenue, Inc.

155 A.D. 887 Court N.Y. App. Div. English

Contents

Majority

p. 887
Herbert Lucas, Appellant, v. 535 Park Avenue, Incorporated, Respondent.

Headnote

Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 14th day of November, 1912, granting the defendant’s motion for a bill of particulars.

The order appealed from should be modified by striking therefrom so much of said order as is hereinafter indicated, to wit: All of paragraph 1. Paragraph 2, subdivision 1, all after the words, “ The particular items of service claimed to be additional.” Paragraph 2, subdivisions 5, 6 and 7, the words “and the value thereof.” Paragraph 3, all after the word “ character” and insert the word “ and ” between it and the word “nature.” Paragraph 4, strike out the words “and value” and all after the words “item of service.” Paragraph 6, all after the word “complaint. ” As so modified the order appealed from is affirmed, without costs. Present — Ingraham, P. J., Laughlin, Clarke, Scott and Dowling, JJ. Order modified as indicated in opinion, and as modified affirmed, without costs. Order to be settled on notice.