Legal Opinion

Gordon v. Williams

New York Supreme Court

Decided May 15, 1917Published

Motion for a bill of particulars.

1Opinion of the CourtRodenbeck, J.

The motion for a bill of particulars herein is made before answer. The legislative authority for bills of particulars is without limitation with respect to the time when they may be required (Code Civ. Pro. § 531) and the courts may, therefore, order a bill of particulars before requiring a party to plead. Bracken v. Toland, 153 App. Div. 57. The general rule, however, is that a bill of particulars will be ordered before answer or to enable a party to plead only in exceptional cases showing necessity therefor. American Credit Ind. Co. v. Bondy, 17 App. Div. 328; Schultz v. Rubsam, 104 id. 20;…

2Cases cited5 opinions

  1. American Credit Indemnity Co. v. BondyAppellate Division of the Supreme Court of the State of New York · 1897
  2. Bender v. BenderNew York Supreme Court · 1895
  3. Bracken v. TolandAppellate Division of the Supreme Court of the State of New York · 1912
  4. Updike v. MaceAppellate Division of the Supreme Court of the State of New York · 1913
  5. Zeigler v. GarvinAppellate Division of the Supreme Court of the State of New York · 1903

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