Baron v. Monsanto Chemical Works — 189 A.D. 928

Majority

p. 928

First Department,

November, 1919.

Harry Baron, Appellant, Respondent, v. Monsanto Chemical Works, Respondent, Appellant.

Headnote

Appeal by the plaintiff from an order of the Supreme Court, entered in the New York county clerk’s office August 19, 1919, so far as it denies plaintiff’s motion for a bill of particulars with respect to certain affirmative defenses set forth in the answer; also an appeal by the defendant from each and every part of said order.

The defendant should be required to furnish the particulars called for by all the items of the order appealed from, except items 33 and 34; and should also be required to furnish particulars as to all the items set forth in plaintiff’s notice of appeal, except the information called for by the first sentence of item 15. As so modified the order should be affirmed, without costs. Present — Clarke, P. J., Laughlin, Smith, Page and Philbin, JJ. Order modified as indicated in opinion and as so modified affirmed, without costs.