MERRITT v. ELLIS


285 A.D. 1216 (1955)

David Merritt, Appellant, v. John G. Ellis et al., Defendants, and Winthrop Stearns, Inc., Respondent

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

May 11, 1955.


Order reversed as a matter of discretion, without costs of this appeal to any party, and plaintiff's motion granted, without costs.

Memorandum:

The history of the transaction and the various communications between counsel for the parties, together with the service and retention of the bill of particulars since April 28, 1954, require a reversal of the order appealed from as a matter of discretion and the granting of plaintiff...

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