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Automobile Tire Co. v. Mansfield Tire & Rubber Co.

166 A.D. 910 Court N.Y. App. Div. English

Contents

Majority

p. 910
Automobile Tire Company, Inc., Appellant, v. Mansfield Tire and Rubber Company, Respondent.

Headnote

Appeal from part of an order of the Supreme Court, entered in the New York county clerk’s office on the 2d day of December, 1914, directing the plaintiff to serve a bill of particulars.

The order appealed from is modified by directing the service of a bill of particulars called for in the notice of motion in items therein designated 1, 2 down to and including the words “the quantity and size of tires ordered,” 3, 4 and 8, and as thus modified affirmed, without costs to either party. Present—Ingraham, P. J., McLaughlin, Scott, Dowling and Hotchkiss, JJ. Order modified as stated in memorandum, and as modified affirmed, without costs. Order to be settled on notice.