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Keteltas v. Gilmour

30 N.Y.S. 1064 Court N.Y. City Ct. Decision date 1894-11-20 English

Delivered by McCARTHY, J.

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p. 1064
KETELTAS v. GILMOUR.
(City Court of New York, General Term.
November 20, 1894.)

Headnote

Bill op Particulars—Discretion op Court.
It is within the discretion of the court to require defendant to serve a bill of particulars of a counterclaim.
Appeal from special term.
p. 1065
Action by Henry Keteltas, as trustee, etc., against Kobery M. Gilmour. From an order directing a bill of particulars in a counterclaim set up in the answer, defendant appeals. Affirmed.
Argued before EHRLICH, C. J., and MCCARTHY, J.
P. Q. & F. L. Eckerson, for appellant.
Edward P. Schell, for respondent.

This is an appeal from an order directing the defendant to serve a bill of particulars of the counterclaim set forth in his answer. I think the same was within the sound discretion of the court, and was properly allowed. Order is therefore affirmed, with costs.