Legal Opinion

Duncan Realty Co. v. Independent Trouser Co.

Appellate Terms of the Supreme Court of New York

Decided March 15, 1934PublishedCited by 1 opinion

1Per curiam

The provision of subdivision 7 of section 78 of the Municipal Court Code for “ motion or notice ” is construed as motion on notice. (Teitelbaum v. Empire Bottling Works, 100 Misc. 103.) Such notice must be in writing. Under this section *903a party may be precluded only as to those matters of which particulars have not been furnished. (Witschieben v. Glynn, 156 App. Div. 193.)

Order reversed and motion denied, with leave to renew within ten days after service of order entered hereon.

All concur; present, Hammer, Callahan and Frankenthaler, JJ.

2Cases cited2 opinions

  1. Teitelbaum v. Empire Bottling WorksAppellate Terms of the Supreme Court of New York · 1917
  2. Witschieben v. GlynnAppellate Division of the Supreme Court of the State of New York · 1913

3Cited by1 opinion

  1. Atlas Powder Co. v. Mid Island Laundry Co.Appellate Terms of the Supreme Court of New York · 1941