DU MONT EMERSON CORP. v. GORDON


15 A.D.2d 890 (1962)

Du Mont Emerson Corporation, Respondent, v. Louis Gordon et al., Copartners Doing Business under the Name of L. Gordon Distributing Company, et al., Appellants

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

March 8, 1962


Order, entered on January 5, 1962, unanimously modified, on the law and on the facts, and in the exercise of discretion, to provide that the defendants, within 10 days after service of order hereon with notice of entry and on payment of costs of this appeal hereinafter allowed, may move at Special Term to vacate or modify the demand for bill of particulars; and to further provide that, on default in so moving and in making such payment, the defendants shall be precluded unless...

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