Bertman v. Neisner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary Neisner, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of February, 1917, granting, without terms, plaintiff’s motion for leave to serve an amended complaint.
1Opinion of the Court
Scott, J.:
The complaint, as originally drawn, attempted to state a cause of action for negligence consisting of defendant’s failure *443to cause an entrance to an areaway or cellar to be protected by proper railings or chains as required by a city ordinance.
The defendant joined issue and the cause was noticed for trial and placed on the calendar. A motion for a bill of particulars was made by defendant, and, by reason of plaintiff’s insufficient compliance with the order granted thereon, a further motion was necessary. When the cause was about to be reached for trial counsel was retained for…
2Cited by3 opinions
- Kelly v. HilbertAppellate Division of the Supreme Court of the State of New York · 1922
- Feldblum Realty Corp. v. City of New YorkCity of New York Municipal Court · 1934
- Moloney v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1919