Bonta Hotel Co. v. Benedict
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by the Bonta Hotel Company against Abraham Benedict. From an order granting defendant’s motion to make the complaint more definite and certain, plaintiff appeals.
1Opinion of the CourtSeabury, J.
The plaintiff appeals from an order granting defendant’s motion to' require the plaintiff to make its complaint more definite and certain by alleging whether the agreement referred to in the complaint is written or verbal, and; if verbal, the date of said agreement.
[1] The learned court below erred in making the order appealed from. The allegations of the complaint were sufficiently definite and certain. If the defendant desired further details, such details should have been furnished by a bill of particulars. It was within the office *463of a bill of particulars to supply the information which…
2Cases cited2 opinions
- Rouget v. HaightNew York Supreme Court · 1890
- Post v. BlazewitzAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Swartmore Textile Co. v. Morris Bernhard Co.Appellate Division of the Supreme Court of the State of New York · 1918