RAPHAEL v. KNICKERBOCKER FOODS, INC.


283 A.D. 1027 (1954)

Eric O. Raphael et al., Individually and as Copartners Doing Business under the Name of Ferra Associates, Appellants, v. Knickerbocker Foods, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 8, 1954.


Settle order on notice.

Many particulars were given in the bill plaintiffs already furnished; and, in view of the explanation given for failure to furnish all the particulars because one of plaintiffs was absent from the country for a number of months and unavailable for consultation in the preparation of the bill, we think in the light of the facts disclosed, that the order of preclusion was unnecessarily drastic as it amounts in effect to dismissal of the complaint...

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