DE LEO v. EUREKA-SEC. FIRE & MARINE INS. CO.


16 A.D.2d 736 (1962)

Louis De Leo, Doing Business as Five O'Clock Club, Espondant, v. Eureka-Security Fire & Marine Insurance Company et al., Appellants

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

April 5, 1962


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

Memorandum:

The final clause of the second ordering paragraph reading as follows: "and, with respect to each such material matter, in what respects it will be claimed that plaintiff swore falsely," should be stricken out. The plaintiff will have an adequate bill of particulars upon defendants' compliance with the order...

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