Teitelbaum v. Empire Bottling Works
Appellate Terms of the Supreme Court of New York
Motion for reargument. Appeal by the defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, fifth district, rendered in favor of the plaintiff and from an order denying a motion to vacate the judgment and also from an order directing the taxation of costs.
1Opinion of the CourtGuy, J.
There were no written pleadings in this case. The summons was indorsed “ Complaint. Money had and received. Wages and damages for breach of contract for employment.” The defendant’s notice of appearance was indorsed “Answer. General denial. Demand. Bill of Particulars. Counterclaim $200.” The plaintiff filed a bill of particulars. He demanded a bill of particulars of the defendant’s counterclaim, but none was ever served or filed. The case was adjourned one or more times, for the purpose, as claimed by plaintiff, of enabling the defendant to file a bill. Plaintiff claimed a balance due him…
2Cited by2 opinions
- Duncan Realty Co. v. Independent Trouser Co.Appellate Terms of the Supreme Court of New York · 1934
- Silverstein v. B. F. Keith Corp.Appellate Terms of the Supreme Court of New York · 1928