Oboler v. Beakatron Manufacturing Corp.

In an action for rescission, for an accounting, and for other equitable relief, defendants appeal from so much of an order of the Supreme Court, Queens County, dated November 27, 1961: (1) as denied their motions (a) to vacate plaintiffs’ notice to examine the corporate defendant before trial, and (b) to preclude plaintiffs, by reason of their failure to serve a bill of particulars, from offering at the trial any evidence with respect to the items contained in defendants’ demand for such particulars; (2) as directed the examination before trial to proceed; and (3) as directed that plaintiffs…