Mayer v. Mayer
Appellate Division of the Supreme Court of the State of New York
Appeal, by the defendant, Charles F. Mayer, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 5th day of April, 1898, directing him to serve a bill of particulars.
1Opinion of the Court
Pee Curiam:
The affidavit upon which the motion for a bill of particulars is based was made by the plaintiff’s attorney only. No reason is given why it was not made by the plaintiff. It has often been held that such an affidavit is entirely insufficient to warrant the granting of a • bill of particulars. (Van Olinda v. Hall, 82 Hun, 357; Gridley v. Gridley, 7 Civ. Proc. Rep. 215.)
For that reason the order should be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars-costs.
Present ■—Barrett, Rumsey, O'Brien and McLaughlin, JJ.
Order reversed, with ten…
2Cases cited1 opinion
- Van Olinda v. HallNew York Supreme Court · 1894
3Cited by5 opinions
- Mungall v. BursleyAppellate Division of the Supreme Court of the State of New York · 1900
- Toomey v. WhitneyAppellate Division of the Supreme Court of the State of New York · 1903
- Stevens v. SmithAppellate Division of the Supreme Court of the State of New York · 1899
- Webster v. Fitchburg RailroadNew York Supreme Court · 1900
- Wendt v. MegowanAppellate Division of the Supreme Court of the State of New York · 1898