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Graf v. Mackay

152 N.Y.S. 1114 Court N.Y. App. Div. Decision date 1915-04-01 Docket No. 7108 English

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p. 1114
GRAF v. MACKAY.
(No. 7108.)
(Supreme Court, Appellate Division, First Department.
April 1, 1915.)

Headnote

Appeal from Special Term, New York County. Action by Richard Graf against R. Gordon Mackay. From an order denying a motion to make complaint more definite and certain, defendant appeals. Modified and affirmed. H. H. Gibbs, of New York City, for appellant. Frank Sowers, of New York City, for respondent.

The order appealed from is modified, by requiring the complaint to be made more definite and certain, as stated in paragraphs 1, 2, and 3 of the demand set forth in the affidavit of the defendant’s attorney. As so modified, the order is affirmed, with $10 costs and disbursements to the appellant.