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Brown v. Star Co.

128 N.Y.S. 1116 Court N.Y. App. Div. Decision date 1911-03-17 English

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p. 1116
BROWN, Respondent, v. STAR CO., Appellant.
(Supreme Court, Appellate Division, Second Department,
March 17, 1911.)

Headnote

Action by Frank C. Brown against the Star Company.
Clarence J. Shearn, for appellant.
Brinton H. Miner, for respondent.

Order modified, by striking out the paragraphs thereof numbered 1, 2, and 4, upon the ground that the order seeks to compel defendant to give its evidence in support of its defenses, rather than to inform plaintiff of the nature of defendant’s claim. The paragraph of the order numbered 3 is modified, by adding thereto the words, “or upon general conduct' of the parties and admissions or declarations of plaintiff respecting the same.” As so modified, the order is affirmed, without costs to either party as against the other.