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Richmond Assets Collecting Co. v. Gates

152 N.Y.S. 1140 Court N.Y. App. Div. Decision date 1915-03-19 English

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Majority

p. 1140
RICHMOND ASSETS COLLECTING CO., Respondent, v. GATES, Appellant, et al.
(Supreme Court, Appellate Division, Second Department.
March 19, 1915.)

Headnote

Action by the Richmond Assets Collecting Company against Dellora R. Gates, as executrix, etc., impleaded with others.

We think that the appellant, defending as the sole executrix of the will of her deceased husband, and who is without knowledge or information as to the allegations of the complaint, is entitled to the bill of particulars which she demanded. The order is reversed, with $10 costs and disbursements, and the motion is granted; plaintiff to have SO days from the entry of the order on this appeal in which to serve a bill of particulars. See, also, 152 N. Y. Supp. 1140.