General
Automobile Tire Company, Inc., Appellant, v. Mansfield Tire and Rubber Company, Respondent
166 A.D. 910·New York Supreme Court, Appellate Division·1915·NY
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Opinion
Automobile Tire Company, Inc., Appellant, v. Mansfield Tire and Rubber Company, Respondent.
Appeal from part of an order of the Supreme Court, entered in the New York county clerk’s office on the 2d day of December, 1914, directing the plaintiff to serve a bill of particulars.
[MAJORITY — Per Curiam:]
Per Curiam:
The order appealed from is modified by directing the service of a bill of particulars called for in the notice of motion in items therein designated 1, 2 down to and including the words “the quantity and size of tires ordered,” 3, 4 and 8, and as thus modified affirmed, without costs to either party. Present—Ingraham, P. J., McLaughlin, Scott, Dowling and Hotchkiss, JJ. Order modified as stated in memorandum, and as modified affirmed, without costs. Order to be settled on notice.