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Esterson v. Whitman

131 N.Y.S. 1114 Court N.Y. App. Term Decision date 1911-10-16 English

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p. 1114
ESTERSON et al. v. WHITMAN et al.
(Supreme Court, Appellate Term.
October 16, 1911.)

Headnote

Appeal from City Court of New York, Special Term. Action by Joseph' Esterson and another against William Whitman and others. From an order denying a motion for bill of particular of defendants’ counterclaim, plaintiffs appeal. Reversed, and motion granted. I. Gainsburg, for appellants. Hyman & Campbell (Allan R. Campbell,. of counsel), for respondents.

The plaintiffs appeal from an order denying a motion for a bill of particulars of certain allegations of the counterclaim. The learned court below denied all of the plaintiffs’ demands on the ground that they were “immaterial to the issues in suit.” It seems to us from an examination of the pleadings that the first seven demands should have been granted. Order reversed, with $10 costs and disbursements, and motion granted as to the first seven demands, and in other respects denied.