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Schwartz v. Lippman

109 N.Y.S. 1146 Court N.Y. App. Div. Decision date 1908-03-20 English

Contents

Majority

p. 1146
SCHWARTZ, Respondent, v. LIPPMAN et al., Appellants.
(Supreme Court, Appellate Division, First Department.
March 20, 1908.)

Headnote

Appeal from Special Term. Action by Sarah Schwartz, as administratrix of the goods, chattels, and credits of Herman Schwartz, deceased, against George Lippman and another. From an order granting a motion for a bill of particulars, defendants appeal. Appeal dismissed.
William L. O’Brien, for appellants. Jacob W. Block, for respondent.

The appeal should be dismissed, with $10 costs and disburseménts, upon the ground that the order was entered upon the motion of the plaintiff, but without prejudice to a motion for a resettlement of the order, or for a renewal of the application for a bill of particulars at the Special Term on proper papers.