Daly v. Bloomingdale
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lyman G. Bloomingdale, 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 6th day of March, 1902, denying the defendant’s motion for a bill of particulars and allowing the plaintiff to serve the bill of particulars submitted on the argument.
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Appeal by the defendant, Lyman G. Bloomingdale, 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 6th day of March, 1902, denying the defendant’s motion for a bill of particulars and allowing the plaintiff to serve the bill of particulars submitted on the argument. The action is brought to recover damages for personal injuries sustained by the plaintiff through the alleged negligence of the defendant. The complaint, after alleging that the plaintiff was-employed by the defendant to operate one of the…
1Opinion of the Court
Van Brunt, P. J.:
It seems to ns that the defendant was entitled to a bill of particulars stating in what respect the elevator was out of repair and not a safe place in which to work, and also a statement of the nature of the accident which caused the injury. The injury is claimed to have happened in the elevator, but how or where not the slightest intimation was given. It was held in Wilson v. American Steel & Copper Plate Co. (56 App. Div. 527), where it was alleged that the plaintiff was injured in the operation of a machine which was defective and out of repair, that the defendant was…
2Cases cited1 opinion
- Wilson v. American Steel & Copper Plate Co.Appellate Division of the Supreme Court of the State of New York · 1900