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Taylor v. King

147 N.Y.S. 1145 Court N.Y. App. Div. Decision date 1914-04-17 English

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p. 1145
TAYLOR, Respondent, v. KING, Appellant.
(Supreme Court, Appellate Division, Second Department.
April 17, 1914.)

Headnote

Action by Oscar R. Taylor against Hiter King.

There was no laches shown which should deprive the defendant of a bill of particulars. Tilton v. Gans, 155 App. Div. 612 , 140 N. Y. Supp. 782 . The allegation of the complaint as to the nature of the contract and the damages recoverable were such as to entitle the defendant to a bill of particulars under appropriate conditions. The order is therefore reversed, with $10 costs and disbursements, and the motion for a bill of particulars granted, without costs.