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Wolkoff v. T. G. Hawkes & Co.

283 A.D. 711 Court N.Y. App. Div. Decision date 1954-02-23 English

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Majority

p. 711
Jacob Wolkoff et al., Doing Business under the Name of D. Wolkoff, et al., Respondents, v. T. G. Hawkes & Co., Appellant, et al., Defendants.

Order unanimously modified so as to require the plaintiff to serve a bill of particulars prior to examination before trial, stating, if he must, that he has no present knowledge of who the conspirators are, with leave to serve a further bill upon completion of defendant’s examination before trial, and otherwise affirmed. The date for the examination to proceed shall be fixed in the order. Settle order on notice. Present — Dore, J. P., Cohn, Callahan and Botein, JJ.