Cities Service Oil Co. v. 307 Summer Street, Inc.

Order unanimously modified in accordance with the memorandum and as modified affirmed, without costs of this appeal to either party. Memorandum: Both parties were at fault in needlessly complicating the preliminary procedural moves in a commercial controversy and in unduly delaying its final disposition. In the first instance, the plaintiff’s demand for a bill of particulars of the defendants’ affirmative defenses and counterclaims was excessive and unduly elaborate. The defendants failed to move to vacate *905or modify the demand and did not furnish any particulars, even with respect to items of…