Sidney B. Bowman Cycle Co. v. Dyer
Appellate Terms of the Supreme Court of New York
Appeal from an order of the General Term of the City Court affirming an order of the Special Term, granting plaintiff’s motion for a bill of particulars of the matters set forth in the counterclaim contained in the answer.
1Opinion of the CourtGildersleeve, J.
The defendants appeal from an order of the General Term of the City Court, affirming an order of the Special Term granting plaintiff’s motion for certain particulars of a counterclaim interposed by defendants. Issue had not been joined at the time of the motion; and the relief sought could, therefore, only, be granted on the ground that the particulars were necessary, in order to enable the plaintiff-corporation to frame its reply. American Credit & Ind. Co. v. Bondy, 17 App. Div. 328. Recognizing the rule that a bill of particulars, granted by the City Court, is not reviewable by the…
2Cases cited5 opinions
- Howell v. . MillsNew York Court of Appeals · 1873
- Witkowski v. . ParamoreNew York Court of Appeals · 1883
- American Credit Indemnity Co. v. BondyAppellate Division of the Supreme Court of the State of New York · 1897
- Livermore v. . BainbridgeNew York Court of Appeals · 1874
- Wales Manufacturing Co. v. LazzaroAppellate Terms of the Supreme Court of New York · 1897
3Cited by3 opinions
- Dorgan v. ScheerCity of New York Municipal Court · 1900
- Rubinfeld v. StoltsNew York Supreme Court · 1916
- Worden v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1905