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Wilwerth v. Levitt

263 A.D. 706 Court N.Y. App. Div. Decision date 1941-11-14 English

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p. 706
Thomas C. Wilwerth, Respondent, v. Myron M. Levitt, Defendant, Impleaded with San Juan Shipping Company, Inc., Appellant.

Order unanimously modified by denying plaintiff’s motion to strike out items 4, 5, 6 and 7 from the defendant’s demand for a bill of particulars in all respects except to strike out the word “ detailed ” from items 4 and 7, and, as so modified, affirmed, with twenty dollars costs and disbursements to the appellant. Bill of particulars to be served within ten days after service of order. No opinion. Present — Martin, P. J., O’Malley, Townley, Dore and Cohn, JJ.