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Kaplan v. Wallis

117 N.Y.S. 1138 Court N.Y. App. Term Decision date 1909-05-27 English

Delivered by LEHMAN, J.

Contents

Majority

p. 1138
KAPLAN v. WALLIS.
(Supreme Court, Appellate Term.
May 27, 1909.)

Headnote

Appeal from City Court of New York, Special Term. Action by Moses Kaplan against Frederick A. Wallis. From an order directing him to serve a bill of particulars of his counterclaim, defendant appeals.
Reversed.
Heyn & Covington (Bernard G. Heyn, of counsel), for appellant.
Herman Roth, for respondent.

The affidavit for the bill of particulars is so defective that it is insufficient to “set the court in motion.” Wales Mfg. Co. v. Lazzaro, 19 Misc. Rep. 477 , 43 N. Y. Supp. 1110 . The order appealed from should be reversed, with $10 costs and disbursements. All concur.