THOMAS J. LIPTON, INC. v. ALFONSO GIOIA & SONS, INC.


41 A.D.2d 599 (1973)

Thomas J. Lipton, Inc., Respondent, v. Alfonso Gioia & Sons, Inc., Appellant. (Appeal No. 2.)

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

January 18, 1973


Order unanimously reversed and motion granted in accordance with the following memorandum: The denial of defendant's motion was an improvident exercise of discretion. Defendant should be permitted to serve its demand for a bill of particulars and should be allowed to take the oral deposition sought pursuant to the notice served. To expedite the disposition of this matter and to avoid undue delay such proceedings shall be conducted under the supervision and direction of Justice...

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