229 A.D. 832 | N.Y. App. Div. | 1930
The bill of particulars ordered herein is entirely too broad. The order should be modified and the motion granted to the following extent: Item 1. The defendant should state whether the employment of the defendants by plaintiff as alleged in paragraph “ Ninth ” of the amended answer was oral or in writing; if in writing annex a copy thereof; and if oral state the terms thereof. Item 2. The defendants should state whether the agreement of plaintiff that he would at all times deposit sufficient collateral adequately to protect defendants from loss as alleged in paragraph “ Ninth ” of said amended answer was oral or in writing; if in writing annex a copy thereof; and if oral state the terms thereof. Item 7. The defendants should state on what date plaintiff was requested to deposit with defendants’ firm additional margin to protect his accounts as alleged in paragraph “ Thirteenth ” of the amended answer; whether the said request was oral or in writing; if in writing annex a copy thereof; if oral state the terms thereof. Item 9. The defendants should state which securities of plaintiff’s were sold on orders claimed to have been given by Clinton Burns and which securities are claimed to have been sold because of plaintiff’s failure
