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Appellate Division of the Supreme Court of New York, 1914

American Condiments Co. v. Audit Co.

American Condiments Co. v. Audit Co.
Appellate Division of the Supreme Court of New York · Decided October 23, 1914
149 N.Y.S. 451 (New York Supplement)

Counsel

Charles H. Tuttle, of New York City, for appellant., Alexander S. Andrews, of New York City, for respondent.

American Condiments Co. v. Audit Co.

Opinion of the Court

PER CURIAM.

The defendant is entitled to the particulars demanded in the first six paragraphs of the moving affidavits. It is not *452an answer to this demand that defendant should know as much about the matter complained of as does the plaintiff. The defendant is entitled to be informed what specific facts are claimed by the plaintiff to be covered by the general allegations of the complaint, to the end that the issues to be tried may be limited and defined. Havholm v. Whale Creek Iron Works, 159 App. Div. 578, 144 N. Y. Supp. 833.

Order appealed from reversed, with $10 costs and disbursements, and motion granted to the extent indicated.

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