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Rishell v. Meany

153 N.Y.S. 1140 Court N.Y. App. Div. Decision date 1915-05-28 Docket No. 7438 English

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p. 1140
RISHELL, Respondent, v. MEANY et al., Appellants.
(No. 7438.)
(Supreme Court, Appellate Division, First Department.
May 28, 1915.)

Headnote

Appeal from Special Term, New York County. Action by John .D. Rishell against Frank Meany and another. From an order denying a motion to make the amended complaint more definite and certain, defendants appeal.
Reversed, and motion granted in part.
Arthur J. W. Hilly, of New York City, for appellants.
Edward A Isaacs, of New York City, for respondent.

Order appealed from reversed, with $10 costs and disbursements, and motion granted to the extent of requiring the complaint to be made more definite and certain as to the date on which the plaintiff’s assignors and 'the individual defendants made the agreement, and also the date when the plaintiff’s assignors tendered performance and the date of the assignment to the plaintiff. Settle order on notice.