Markel-Tucker-Cook Co. v. Ehrlich
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendant, Johan Ehrlich, from part of an order of the Supreme Court, made at the Queens Trial Term and entered in the office of the clerk of the county of Queens on the 10th day of March, 1924, directing service of a verified bill of particulars.
1Per curiam
In this action to recover a balance alleged to be due upon a building contract the plaintiff alleged performance. The answer of defendant, appellant, contained a denial of this allegation and an affirmative defense of payment, but in addition pleaded a counterclaim in which he alleged full performance of the contract by defendant and failure to perform by plaintiff and that defendant was deprived of the use and enjoyment of the premises for a long time, and has been and will be compelled to expend money to complete the work. The order requires the defendant to serve a bill of particulars of…
2Cases cited1 opinion
- Kelly v. St. Michael's Roman Catholic ChurchAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by2 opinions
- Greco v. RomanelliAppellate Division of the Supreme Court of the State of New York · 1961
- Saint v. WestoffNew York Supreme Court · 1976