Romeas v. Boettger
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Auguste Romeas against Henry W. Boettger. From an order granting defendant’s motion for a bill of particulars, and an order denying plaintiff’s motion for a reargument, plaintiff appeals. Order denying reargument affirmed, and order granting motion for bill of particulars modified and affirmed!.
1Per curiam
The appeal from the order denying the plaintiff’s motion for a reargument is not appealable to this court. Peterson v. Felt, 61 App. Div. 176, 70 N. Y. Supp. 440; Tucker v. Dudley, 104 App. Div. 191, 93 N. Y. Supp. 355.
The order granting the bill of particulars should be modified, by striking therefrom the word “exact,” and that portion of the order which gives costs to the defendant, and there should be inserted! in said order a provision that it should not be construed to prevent the plaintiff from proving his cause of action, if it should appear that others than those specified in the bill…
2Cases cited3 opinions
- Mason v. ClarkAppellate Division of the Supreme Court of the State of New York · 1902
- Tucker v. DudleyAppellate Division of the Supreme Court of the State of New York · 1905
- Peterson v. FeltAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Stoutenburgh v. SvecenskiAppellate Terms of the Supreme Court of New York · 1912