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Automobile Tire Co. v. Mansfield Tire & Rubber Co.

151 N.Y.S. 1102 Court N.Y. App. Div. Decision date 1915-01-29 Docket No. 6843 English

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p. 1102
AUTOMOBILE TIRE CO. v. MANSFIELD TIRE & RUBBER CO.
(No. 6843.)
(Supreme Court, Appellate Division, First Department.
January 29, 1915.)

Headnote

Appeal from Special Term, New York County. Action by the Automobile Tire Company against the Mansfield Tire & Rubber Company. From an order directing plaintiff to serve a bill of particulars, it appeals.
Modified and affirmed.
Jacob Ansbacher, of New York City, for appellant. Wendell P. McKown, of New York City, for respondent.

The order appealed from is modified, by directing the service of a bill of particulars called for .in the notice of motion in items therein designated 1, 2 down to and including the words “the quantity and size of tires ordered,” 3, 4 and 8, and, as thus modified, affirmed, without costs to either party.