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Zahn v. Gulf Oil Corp.

6 A.D.2d 1049 Court N.Y. App. Div. Decision date 1958-10-14 English

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p. 1049
Charles E. Zahn, Respondent, v. Gulf Oil Corporation, Defendant, and Harmosa Oil Corporation, Appellant.

In an action to recover alleged overpayments for purchases of gasoline, the appeal is from an order granting respondent leave to serve a bill of particulars on appellant, notwithstanding the entry, almost three years earlier, of a preclusion order. Order reversed, with $10 costs and disbursements, and motion denied. Under all the facts and circumstances the making of the order was an improvident exercise of discretion. Nolan, P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ., concur.