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BENNETT EXCAVATORS CORP. v. LASKER-GOLDMAN CORP.

7 A.D.2d 1001 (1959)

Bennett Excavators Corp., Appellant, v. Lasker-Goldman Corporation, Defendant-Respondent and Third-Party Plaintiff. Standard Accident Insurance Company, Third-Party Defendant

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

March 9, 1959

Order denying motion to vacate affirmed, without costs. No opinion. Order denying motion to modify modified by striking therefrom everything following the word "is" in the first ordering paragraph and by substituting therefor the words and figure "granted to the extent of striking from said demand item `3'". As so modified, order affirmed, without costs.

In our opinion, the particulars demanded under item "3" will not serve to narrow the issues or limit the proof...

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