Legal Opinion
Smyth v. Board of Education
New York Supreme Court
Decided September 1, 1925PublishedCited by 3 opinions
1Opinion of the CourtCarswell, J.
Upon consent the default of the plaintiff on a motion by the deféndant for a bill of particulars is opened. The motion for a bill of particulars is made in an arbitration matter. The plaintiff opposes it on the ground that there is no power in the court to order the giving of a bill of particulars in such a proceeding. An arbitration proceeding is a “ special proceeding,” under section 6-a of the Arbitration Law (Laws of 1920, chap. 275, as added by Laws of 1923, chap. 341). (Matter of Interocean Mercantile Corp., 207 App. Div. 164.) This holding was due to a legislative amendment following a…
2Cases cited5 opinions
- Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
- In re Interocean Mercantile Corp.Appellate Division of the Supreme Court of the State of New York · 1923
- In re the Interocean Mercantile Corp.Appellate Division of the Supreme Court of the State of New York · 1923
- Matter of Interocean Mercantile CorporationNew York Court of Appeals · 1923
- In re Division 132 of the Amalgamated Ass'n of Street & Electric Railway EmployeesAppellate Division of the Supreme Court of the State of New York · 1921
3Cited by3 opinions
- In re the Arbitration between Commercial Solvents Corp. & Louisiana Liquid Fertilizer Co.District Court, S.D. New York · 1957
- In re PodellNew York Supreme Court · 1930
- Union National Bank of Troy v. WinchellAppellate Division of the Supreme Court of the State of New York · 1950