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Brighton Beach Development Co. v. Haas

116 N.Y.S. 1132 Court N.Y. App. Div. Decision date 1909-05-21 English

Contents

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p. 1132
BRIGHTON BEACH DEVELOPMENT CO. v. HAAS.
(Supreme Court, Appellate Division, First Department.
May 21, 1909.)

Headnote

Appeal from Special Term, New York County. Action by the Brighton Beach Development Company against Abraham Haas. From an order denying a motion for a bill of particulars, plaintiff appeals. Reversed.
James W. McElhinney, for appellant.
Epstein Bros. (Alfred Epstein, of counsel), for respondent.

The order appealed from should be reversed, and the motion granted, so far as to require the defendant to furnish a bill of particulars of the instances of sales or exposure of the articles, for which the defendant was to have an exclusive privilege of selling, which he will seek to prove on the trial, but not to require the amount of such sales, with $10 costs and .disbursements to the appellant.