INTER CO. PAINTING CO. v. 200 EAST END AVE. CORP.


286 A.D. 482 (1955)

Inter County Painting Co., Inc., Appellant, v. 200 East End Ave. Corp., Respondent

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

October 11, 1955.


Attorney(s) appearing for the Case

Leon E. Borden for appellant.

Henry A. Panoff of counsel (Hyman Grill, attorney), for respondent.

PECK, P. J., COHN, BREITEL, BOTEIN and RABIN, JJ., concur.


Per Curiam.

In Hirsch v. Home Ins. Co. (284 App. Div. 428) we dealt with the practice indulged in by some lawyers, of ignoring a demand for a bill of particulars and awaiting a motion to preclude before serving a bill or contesting the propriety of the demand. For the reasons stated we condemned such practice and said that henceforth we would be less likely to regard the practice as an element warranting the favorable exercise of discretion on applications...

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