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Ketaltas v. Gilmour

63 N.Y. St. Rep. 305 Court N.Y. City Ct. Decision date 1894-11-20 English

Delivered by McCarthy, J.

Contents

Majority

p. 305
Henry Ketaltas, as Trustee, etc., Resp’t, v. Robert M. Gilmour, App’lt.
(New York City Court, General Term,
Filed November 20, 1894.)

Headnote

Bill of particulars—Counterclaim,
It is within the sound discretion of the court to direct the defendant to serve a bill of particulars of his counterclaim.
Appeal from an order directing a bill of particulars of a counterclaim.
P. Q. & F. L. Fckerson, for app’lt; Fdward P. Schell, for resp’t.

This is an appeal from an order directing the defendant to serve a bill of particulars of the counterclaim set

p. 306
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.