Majority
p. 1140RIVIERA REALTY CO., Respondent, v. ILLINOIS SURETY CO., Appellant. (No. 7432.) (Supreme Court, Appellate Division, First Department. May 28, 1915.)
Headnote
Appeal from Special Term, New York County. Action b.v the Riviera Realty Company against the Illinois Surety Company. From an order directing defendant to file and serve a bill of particulars, it appeals.Modified and affirmed.
See, also, 152 N. Y. Supp. 1140 .
L. Laflin Kellogg, of New York City, for appellant.
Sol. Kohn, of New York City, for respondent.
The order appealed from should be modified, by requiring the defendant to furnish a bill of particulars as specified in the third clause of the order to show cause, and, as so modified, affirmed, without costs. Settle order on notice. '