Appellate Terms of the Supreme Court of New York, 1914

Gitzendanner-Muller Co. v. Cherouny Printing & Publishing Co.

Appellate Terms of the Supreme Court of New York · Decided October 27, 1914 · Seabury

149 N.Y.S. 485 (New York Supplement)

Counsel

Davis & Mayer, of New York City (Bertram W. Davis, of New York City, of counsel), for appellant., Graham & Stevenson, of New York City (Archibald Ewing Stevenson, of New York City, of counsel), for respondent.

Opinion of the Court

SEABURY, J.

The action is for services performed and materials furnished. The defendant alleged a counterclaim, predicated upon the contention that the plaintiff agreed to' reset certain machinery and performed work under this agreement so negligently that the floor of the defendant’s premises gave way, causing the defendant damages in the sum of $1,500. The plaintiff sought a bill of particulars as specified in the demand served. The bill which the defendant furnished was inadequate. The plaintiff was entitled to have the particulars specified in the demand served.

Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs. All concur.

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