Majority
p. 888Charles F. Squibb, Respondent, v. David M. Neuberger, Appellant, Impleaded with Others.
Headnote
Appeal from an order of the Supreme Court, entered in-the New York county clerk’s office on the 17th day of June, 1913, denying plaintiff’s motion to make the complaint more definite and certain.The order appealed from is reversed, with ten dollars costs and disbursements, and the plaintiff required to make the 5th, 6th, 7th and 9th paragraphs of the complaint more definite and certain by stating whether the agreement o'f trust therein alleged was oral or in writing, the date thereof, and, if in writing, to annex a copy thereof to the com plaint, and, if not in writing, to state the substance of the agreement. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Order reversed, with ten dollars costs and disbursements," and order entered as directed in opinion. Order to be settled on notice.