MIDTOWN VEAL & MUTTON CO., INC. v. MENSCH


12 A.D.2d 495 (1960)

Midtown Veal & Mutton Co., Inc., Respondent, v. Seymour Mensch, Individually and as Administrator of The Estate of Jacob Mensch, Deceased, et al., Appellants, et al., Defendant

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

November 7, 1960


A bill of particulars was submitted by said defendants on the return day of the motion. The delay in serving the bill covered a period of approximately five months. Order reversed, without costs, and plaintiff's motion to preclude denied. In our opinion, in view of all the facts and circumstances, it was an improvident exercise of discretion to grant plaintiff's motion for an order...

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