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Squibb v. Neuberger

143 N.Y.S. 1144 Court N.Y. App. Div. Decision date 1913-11-14 English

Contents

Majority

p. 1144
SQUIBB v. NEUBERGER et al.
(Supreme Court, Appellate Division, First Department.
November 14, 1913.)

Headnote

Appeal from Special Term, New York County. Action by Charles F. Squibb against David hi. Neuberger had others. From an order denying his motion to make the complaint more definite and certain, the defendant named appeals. Reversed. George B. Joseph, qf New York City, for appellant. Carl S~ Stern, of New York City, for respondent.

The order appealed from is

reversed, with $10 costs and disbursements, and the plaintiff required to make the fifth, sixth, seventh, and ninth paragraphs of the complaint more definite and certain by stating whether the agreement of trust therein alleged was oral or in writing, the date thereof, and, if in writing, to annex a copy thereof to the complaint, and, if not in writing, to state the substance of the agreement.