Kavanaugh v. Commonwealth Trust Co.
New York Supreme Court
Motion by the defendant Marvin to require the plaintiff to make his complaint more definite and certain, or in the alternative, to serve a bill of particulars.
1Opinion of the CourtSpencer, J.
We are confronted upon the threshold of this motion with the objection that the motion by the defendant Marvin, to require the plaintiff to make his complaint more definite and certain, or in the alternative to serve a bill of particulars, is irregular, and should for that reason be denied. I am not aware of any authority for a motion in that form. In the Code of Procedure, § 158, it was provided: “ The court may in all cases order a bill of particulars of the claim of either party to be furnished ” and (§ 160), “When the allegations of a'pleading are so indbfinite or uncertain that the…
2Cases cited7 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Dumar v. Witherbee, Sherman & Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Jackman v. LordNew York Supreme Court · 1890
- Rouget v. HaightNew York Supreme Court · 1890
- English v. Westchester Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kasen v. MorrellNew York Supreme Court · 1959
- Tomasello v. TrumpNew York Supreme Court · 1961
- In re the Estate of MechlerNew York Surrogate's Court · 1927
- McGehee v. CookeCity of New York Municipal Court · 1907
- Casassa v. A. Cuneo Co.Appellate Terms of the Supreme Court of New York · 1909
2 more not listed; retrieve them via the Exa API.