Barreto v. Rothschild
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Victor Henry Rothschild, from an order of the Supreme Court, made at the New York Spécial Term and entered in the office of the clerk of the county of Hew York on the 16th day of December, 1903, requiring the defendant to serve a bill of particulars.
1Opinion of the Court
Ingraham, J.:.It was stated by the court below in granting this motion, and is conceded by the respondent upon this appeal, that if the defendant *212had contented himself with a denial of the plaintiff’s allegation of performance, he would not have been required to state the particulars of his denial; but it was held that because, not content with the denial, he specified certain particulars in which the plaintiff had .failed to comply with his contract, he should be required to furnish the particulars of the instances specified. To entitle the plaintiff to recover under the contract, he must…
2Cited by4 opinions
- Goldberg v. National Surety Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Di Mino v. Old Town Corp.New York Supreme Court · 1956
- Wilks v. GreacenAppellate Division of the Supreme Court of the State of New York · 1907
- Wilks v. GreacenAppellate Division of the Supreme Court of the State of New York · 1907