Dorgan v. Scheer
City of New York Municipal Court
Appeal from an order, denying plaintiffs’ motion for a bill of particulars of the counterclaim, set up in defendant’s answer.
1Opinion of the CourtO’Dwyer, J.
The plaintiffs allege .that they are ignorant of the particulars sought, and that it is necessary and material to the plaintiffs that they should have rendered to them a bill of particulars thereof, in order to properly resist the counterclaim of the defendant, but the affidavit fails to state that the means of obtaining the said information are beyond their reach, and that they have no means of obtaining the same, and that the information is entirely with the defendant. Such an allegation is material and necessary in an application for a bill of particulars, and without such an allegation…
2Cases cited4 opinions
- Constable v. HardenberghNew York Supreme Court · 1894
- Wales Manufacturing Co. v. LazzaroAppellate Terms of the Supreme Court of New York · 1897
- Sidney B. Bowman Cycle Co. v. DyerAppellate Terms of the Supreme Court of New York · 1898
- Villiers v. Third Avenue RailroadCity of New York Municipal Court · 1897
3Cited by1 opinion
- Rubinfeld v. StoltsNew York Supreme Court · 1916