Drew v. Coleman — 150 N.Y.S. 1083

Majority

p. 1083

DREW, Appellant, v. COLEMAN, Respondent, et al.

(No. 6675.)

(Supreme Court, Appellate Division, First Department.

December 31, 1914.)

Headnote

Appeal from Special Term, New York County. Action by John A. Drew against Charles Philip Coleman, impleaded, etc. From an order granting motion to make complaint more definite and certain, plaintiff appeals. Modified and affirmed.

W. Bourke Cockran, of New York City, for appellant.

David Leventritt, of New York City, for respondent.

The order appealed from should be modified as follows, and, as so modified, affirmed, without costs: Subdivision 1: Stricken out. Subdivision 2: Amended, so as to read as follows: “Whether or not it is intended to be alleged that this defendant or the board of directors of which he was a member received any part of the amount referred to in paragraph twenty-fifth of the complaint as ‘various sums aggregating five and a half million dollars.’ ” Subdivision 3: Strike out the last 9 words thereof: “And, if a part, what amount was so received.” Subdivision 4: Strike out the last 26 words thereof: “And, if a part of said sum, what amount is alleged to have so disappeared, and, if so, of what said wrongful acts or negligence consisted.” Subdivision 5: Strike out the words: “And in what transaction or transactions.” Subdivision 6: Strike out the words: “And, if a part what part.”