Royal Weaving Co. v. Prince — 122 N.Y.S. 1143

Majority

p. 1143

ROYAL WEAVING CO. v. PRINCE.

(Supreme Court, Appellate Division, First Department.

March 24, 1910.)

Headnote

Appeal from Special Term, New York County. Action by the Royal Weaving Company against Julius Prince. From an order directing plaintiff to furnish a further bill of particulars, plaintiff appeals.

Modified and affirmed.

See, also, 130 App. Div. 903 , 115 N. Y. Supp. 1142 .

Ahraham Gruber, for appellant.

Henry S. Dottenheim, for respondent.

The order appealed from should be modified, by striking out the words “and further specifying the hour and minute when the said alleged repudiation, notification, and direction were made, and the hour and minute when the said tender was made, as nearly as the same can be stated,” and, as thus modified, affirmed, without costs to either party.