General
William N. Amory, Appellant, v. William M. Ivins, Respondent
143 A.D. 921·New York Supreme Court, Appellate Division·1911·NY
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Opinion
William N. Amory, Appellant, v. William M. Ivins, Respondent.
Appeal from parts of an order, entered in the New York county clerk’s office on the 13th day of December, 1910, granting a motion to require the defendant to furnish a bill of particulars.
[MAJORITY — Per Curiam:]
Per Curiam:
The order should be modified by striking out in clauses “ 1” and “2” thereof the words “and in what tenor, to what effect’’and inserting in lieu thereof the words “ and the substance of said alleged agreement; ” by striking out in clause “ 6 ” thereof the words ‘ ‘ and the basis of the claim that any such payment was ‘ on account ’ of the said ‘ work", labor and services ’ or ‘ on account ’ of said sum of §4,125; ” and further by striking out in clause “ 11 ” thereof the words “and the basis of the claim that any such payment was ‘ on account’ of the said ‘ work, labor and services’ or ‘on account’ of said sum of §3,000;” and as so modified affirmed, with ten dollars costs and disbursements to the defendant. Present —Ingraham, P. J., McLaughlin, Scott, Miller and Dowling, JJ. Order modified as directed in opinion and as so modified affirmed, with ten dollars costs and disbursements to defendant. Settle order on notice.