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HARBET v. FINKELSTEIN

34 Misc.2d 24 (1962)

Samuel Harbet et al., Plaintiffs, v. Hyman B. Finkelstein et al., Defendants.

Supreme Court, Special Term, Queens County.

March 23, 1962

Attorney(s) appearing for the Case

Hyman Krugman for plaintiffs. Tannebaum & Goldweber for Hyman B. Finkelstein and others, defendants.

HAROLD TESSLER, J.

In an action to recover moneys allegedly entrusted to the defendants for investment, the latter move to require the plaintiffs to serve a further bill of particulars. The plaintiffs, in a cross motion, seek to vacate the notice to examine them before trial.

Subdivision (d) of rule 115 of the Rules of Civil Practice requires that "In the absence of special circumstances" the motion...

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