Captan v. Associated Transport, Inc. , 269 A.D. 936 ( 1945 )

Order appealed from modified so that the defendant will only be required to particularize concerning such claims of contributory negligence as it intends to assert in addition to those it may be able to develop on the cross-examination of plaintiff’s witnesses

(Murrain v. Wilson Line, Inc., 266 App. Div. 179). Present— Martin, P. J., Townley, Glennon, Callahan and Wasservogel, JJ.; Glennon and Wasservogel, JJ., dissent and vote to affirm. Settle order on notice.