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CARRION v. EASTERN ELEVATOR CO., INC.

31 A.D.2d 966 (1969)

Robert Carrion, Jr., an Infant, by His Mother and Natural Guardian, Juana Carrion, et al., Plaintiffs, v. Eastern Elevator Company, Inc., Defendant, and Abraham Poliacoff, Defendant and Third-Party Plaintiff-Appellant. Specialty Hardware Company, Third-Party Defendant-Respondent

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

March 31, 1969

Order modified, on the law and the facts, by adding a provision thereto that, if answers to the requested particulars are contained in the bill of particulars served upon appellant by plaintiffs, then appellant may incorporate said bill, or the relevant portions thereof, in his bill; and, if appellant has no personal knowledge respecting the requested particulars, he shall so state under oath. As so modified, order affirmed without costs.

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