American Condiments Company v. Audit Company

Full title: AMERICAN CONDIMENTS COMPANY, Respondent, v . THE AUDIT COMPANY OF NEW…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 1, 1914

164 App. Div. 927 (N.Y. App. Div. 1914)

Opinion

October, 1914.

Present — Ingraham, P.J., McLaughlin, Laughlin, Clarke and Scott, JJ.

PER CURIAM:

The defendant is entitled to the particulars demanded in the first six paragraphs of the moving affidavits. It is not an answer to this demand that defendant should know as much about the matter complained of as does the plaintiff. The defendant is entitled to be informed what specific facts are claimed by the plaintiff to be covered by the general allegations of the complaint to the end that the issues to be tried may be limited and defined. ( Havholm v. Whale Creek Iron Works, 159 App. Div. 578.) The order appealed from should be reversed, with ten dollars costs and disbursements, and motion granted to the extent indicated.

PER CURIAM:

Order reversed, with ten dollars costs and disbursements, and motion granted to the extent indicated in opinion. Order to be settled on notice.