Paul B. Pough & Co. v. Cerimedo
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from a judgment rendered in favor of the plaintiff in the Municipal Court of the city of Hew York, twelfth district, borough of Manhattan.
1Opinion of the CourtScott, J.
Section 2942 of the Code of Civil Procedure applies primarily to justices’ courts. Its application to the former district courts of the city of Hew York and the present Municipal Court depended entirely upon the operation and effect of section 1347 of the Consolidation Act (Laws of 1882, chap. 410). This last section was expressly repealed by section 364 of the Municipal Court Act (Laws of 1902, chap. 580). It follows that the power of the Municipal Court to direct the service of bills of particulars is no longer governed by section 2942 of the Code, but by section 145 of the Municipal Court…
2Cited by2 opinions
- Becraft v. StrobelNew York Supreme Court · 1936
- Kopelman v. GritmanAppellate Terms of the Supreme Court of New York · 1912