Appellate Terms of the Supreme Court of New York, 1913

Chantrell Hardware & Tool Co. v. Silberman

Appellate Terms of the Supreme Court of New York · Decided April 16, 1913

141 N.Y.S. 317 (New York Supplement)

Counsel

Wolf & Kohn, of New York City (Charles L. Grad, of New York City, of counsel), for appellant., Roger Lewis, of New York City, for respondent.

Opinion of the Court

PER CURIAM.

In so far as the order directs the defendant to give the particulars of his counterclaim, it is premature. Issue had not been joined by the service of a reply, and it does not appear that the particulars ordered were required to enable the plaintiff to plead.

The order will therefore be modified, by striking therefrom the sixth, seventh, eighth, ninth, and tenth specifications of particulars to be given, and, as modified, affirmed, without costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.