Morris v. Warren — 156 A.D. 893

Majority

p. 893

Frederick Morris, Respondent, v. E. Douglas Warren, Appellant.

Headnote

Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 10th day of March, 1913, granting a motion for a bill of particulars.

It is obvious that the paragraph numbered 8 included in the counterclaim herein refers, to all the stock delivered to the plaintiff under the alleged contract between him and the defendant, and, therefore, a bill of particulars thereof is unnecessary. The order appealed from will, therefore, be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ. Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.