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Morris v. Warren

141 N.Y.S. 1132 Court N.Y. App. Div. Decision date 1913-04-25 English

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p. 1132
MORRIS v. WARREN.
(Supreme Court. Appellate Division, First Department.
April 25, 1913.)

Headnote

Appeal from Special Term, New York County. Action by Frederick Morris against E. Douglas Warren. From an order granting plaintiff’s motion for 'bill of particulars with reference to defendant’s counterclaim, he appeals. -Reversed. Harry R. Kohn, of New York City, for appellant. Franklin H. Mills, of New York City, for respondent.

It is obvious that the paragraph numbered 8 included in the counterclaim, herein refers to all the stock delivered to the plaintiff under the alleged contract between him and the defendant, and therefore a bill of particulars thereof is unnecessary. The order appealed from will therefore be reversed, with $10 costs and disbursements, and the motion denied, with $10 costs.