First Trust & Deposit Co. v. Rubin

This is a motion to compel the plaintiff to furnish a bill of particulars concerning twelve different allegations of the complaint. Upon the argument of the motion the plaintiff consented to furnish the first, second, third, fifth, ninth, tenth, eleventh and twelfth requests. The seventh and eighth were rightly decided in favor of the plaintiff. (American Transfer Co. v. Borgfeldt & Co., 99 App. Div. 470.) The sixth was modified by directing the plaintiff to state when and where the alleged contract was made and whether it was oral or written. So that the fourth demand is the only one…