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Smith v. Madison Square Press

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1931
233 App. Div. 704 (N.Y. App. Div. 1931)

Opinion

April, 1931.

Lazansky, P.J., Young, Kapper, Scudder and Davis, JJ., concur.


Order modified so as to direct the defendant to serve a bill of particulars of the third defense contained in the amended answer as follows: (a) The duties which plaintiff failed to perform; (b) the times and the places where he was intoxicated; (c) when and where he offended customers and who the customers are whom he offended; (d) how, when and in what respects he was incompetent and inefficient, and (e) wherein he was guilty of neglect of duty. As so modified, the order is affirmed, with ten dollars costs and disbursements to the appellant; the particulars to be served within ten days after service of a copy of the order to be entered herein. The plaintiff is entitled to know in what respect the defendant claims that he did not faithfully perform the agreement, etc. ( Stern v. Bellas, Hess Co., 166 App. Div. 806), and the names of the customers who are claimed to have been offended and alienated may be required. ( Evening Herald Co. v. Kilmer, 167 App. Div. 399.)


Summaries of

Smith v. Madison Square Press

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1931
233 App. Div. 704 (N.Y. App. Div. 1931)
Case details for

Smith v. Madison Square Press

Case Details

Full title:CARLTON H. SMITH, Appellant, v. MADISON SQUARE PRESS, Respondent

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

Date published: Apr 1, 1931

Citations

233 App. Div. 704 (N.Y. App. Div. 1931)