Metacoustic, Inc. v. Truitt Bros.

In an action to recover money allegedly owed on a building construction contract, in which defendant furnished a bill of particulars of its counterclaim for breach of the contract, plaintiff appeals from an order of the Supreme Court, Westchester County, dated April 5, 1968, which denied its motion to declare the bill of particulars a nullity and to require defendant to furnish a new bill of particulars. Order modified, on the law and the facts, by striking from the decretal paragraph, after the words “ Ordered, that the motion is hereby denied ”, the phrase “in all respects” and by…