CITIES SERV. OIL CO. v. 307 SUMMER ST., INC.


10 A.D.2d 904 (1960)

Cities Service Oil Company, Respondent, v. 307 Summer Street, Inc., et al., Appellants

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

April 27, 1960


Order unanimously modified in accordance with the memorandum and as modified affirmed, without costs of this appeal to either party.

Memorandum:

Both parties were at fault in needlessly complicating the preliminary procedural moves in a commercial controversy and in unduly delaying its final disposition. In the first instance, the plaintiff's demand for a bill of particulars of the defendants' affirmative defenses and counterclaims was excessive and unduly...

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