Majority
p. 1128LUCAS v. 535 PARK AVE., Inc. (Supreme Court, Appellate Division, First Department. February 28, 1913.)
Headnote
Appeal from Special Term, New York City. Action by Herbert Lucas against 535 Park Avenue, Incorporated. From an order granting a motion for a bill of particulars, plaintiff appeals. Modified and affirmed. George W. Alger, of New York City, for appellant. Edward W. Walker, of Brooklyn, for respondent.The order appealed from should be modified, by striking therefrom so much of said order as is hereinafter indicated, to wit: All of paragraph first. Paragraph 2, subdivision 1, all after the words: “The particular items of service claimed to be additional.” Paragraph 2, subdivisions 5, 6, and 7, the words: “And the value thereof.” Paragraph 3, all after the word “character,” and insert the word “and” between it and the word “nature.” Paragraph 4, strike out the words “and value,” and all after the words “items of service.” Paragraph 6, all after the word “complaint.” As so modified, the order appealed from is affirmed, without costs.