Hyperlawhypertext legal database Midtown Contracting Co. v. Gold Sticker 143 N.Y.S. 1131

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Midtown Contracting Co. v. Gold Sticker

143 N.Y.S. 1131 Court N.Y. App. Div. Decision date 1913-10-24 English

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p. 1131
MIDTOWN CONTRACTING CO. v. GOLD STICKER et al.
(Supreme Court, Appellate Division, First Department.
October 24, 1913.)

Headnote

Appeal from Special Term, New York County. Action by the Midtown Contracting Company against Louis Goldsticker and others. From an order denying a motion to compel defendants to serve a bill of particulars of their claims, plaintiff appeals. Reversed, and motion granted in part. George Hahn, of New York City, for appellant. William Goldsticker, of New York City, for respondents.

The order appealed from is reversed, and the motion for a bill of particulars granted, to the extent of requiring defendant to' furnish particulars of the amounts claimed to have been paid to or on behalf of plaintiff over and above the amounts admitted by plaintiff as alleged in paragraph 10 of the complaint, and also of the sums claimed to have been paid by defendant to complete the work left uncompleted by plaintiff, without costs to either party in this court or at Special Term. Settle order on notice.