Appellate Division of the Supreme Court of New York, 1951

O'Donnell v. Eugene E. Peterson Co.

O'Donnell v. Eugene E. Peterson Co.
Appellate Division of the Supreme Court of New York · Decided June 25, 1951
278 A.D. 981; 105 N.Y.S.2d 686; 1951 N.Y. App. Div. LEXIS 5429
O'Donnell v. Eugene E. Peterson Co.

Opinion of the Court

In an action to recover salesmen’s commissions, order granting in part and denying in part defendants’ motion to strike items from plaintiffs’ demand for a bill of particulars modified by striking the three ordering paragraphs from the order and inserting in place thereof two ordering paragraphs, the first providing that defendants’ motion be granted, and the second providing that itejns 1 to 4 and $ to 11 be deleted from plaintiffs’ demand. As thus modified, the order; insofar as appeal is taken, is affirmed, without costs. The defenses based on accounts stated are sufficiently detailed to preclude the necessity of further particulars which would amount to evidence. Johnston, Adel, Wenzel and MacCrate, JJ., concur; Nolan, P. J., dissents and votes to affirm.

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