Caughey v. Lewis — 117 N.Y.S. 1130

Majority

p. 1130

CAUGHEY v. LEWIS.

(Supreme Court, Appellate Division, First Department.

June 11, 1909.)

Headnote

Appeal from Special Term, New York County. Action by Clemens J. Caughey against Arthur B. Lewis. From an order granting a motion for an additional bill of particulars, plaintiff appeals.

Modified, and, as modified.

p. 1131

affirmed.

See, also, 117 N. Y. Supp. 1130.

William P. Maloney, for appellant.

Wilson Lee Cannon, for respondent.

The order appealed from should be modified by striking therefrom the words “and (b) said bill of particulars does not specify the value of each particular item of the alleged services which plaintiff in paragraph marked ‘Fourth’ of the complaint claims to be of the reasonable value of one hundred and fifty thousand dollars ($150,000), as directed in section marked ‘3’ of said order.” As so modified, the order is affirmed without costs.