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Lowenfeld v. United States Fidelity & Guaranty Co.

150 N.Y.S. 1094 Court N.Y. App. Div. Decision date 1914-12-31 Docket No. 6667 English

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p. 1094
LOWENFELD et al., Appellants, v. UNITED STATES FIDELITY & GUARANTY CO., Respondent.
(No. 6667.)
(Supreme Court, Appellate Division, First Department.
December 31, 1914.)

Headnote

Appeal from Special Term, New York County. Action by Pincus Lowenfeld and another against the United States Fidelity^ & Guaranty Company. From an order granting a motion for a bill of particulars before service of an plaintiffs appeal. Modified and affirmed.
Alexander Pfeiffer, of New York City, for appellants.
Robert Gray, of New York City, for respondent.

Defendant is entitled to a bill of particulars as to the first four items set out in the order appealed from, except there should be stricken from items 2, 3, and 4 the words, “and setting forth the date when such item was received.” Phillips v. United States Fidelity & Guaranty Co., 123 App. Div. 927 , 108 N. Y. Supp. 1145 . It is not entitled to a bill of particulars of the other items. The otder appealed from, therefore, is modified as indicated, and, as thus modified, affirmed, without costs to either party.