Lewengood v. Kahn — 72 N.Y.S. 1116

Majority

p. 1116

LEWENGOOD, Respondent, v. KAHN, Appellant.

(City Court of New York,

General Term.

May, 1901.)

Headnote

Action by Samuel Lewengood against Emanuel H. Kahn.

Wasserman & Jacobus, for appellant. Leo G. Rosenblatt, for respondent.

We are agreed that the record does not present a case that would justify an interference with the discretion exercised by the court at special term; but, in view of the fact that the defendant has died since that determination, leave is granted to the executors, as substituted defendants, to apply anew for a bill of particulars. Order appealed from affirmed, with $10 costs. Order affirmed, with $10 costs.