Loewenthal v. Globe & Rutgers Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff from an order of the Supreme Court, made at the Kings County Special Term and entered in the clerk’s office of Nassau county on January 12, 1909, requiring him to furnish the defendant with an additional and further hill of particulars.
1Opinion of the Court
Rich, J.:
This court held in Spencer v. Fort Orange Paper Co. (74 App. Div. 74) that “the granting or withholding of a bill of particulars is. within the disf cretion of the court, and where there has been no abuse of this discretion the appellate courts will not, as a rule, interfere.” This principle has been universally adopted by the appellate courts of this State. The record in the case at bar presents no abuse of discretion, and the order must be affirmed, with ten dollars costs and disbursements. Woodward, Jenks, Gaynor and Burr, JJ., concurred. Order affirmed, with ten dollars costs and…
2Cases cited1 opinion
- Spencer v. Fort Orange Paper Co.Appellate Division of the Supreme Court of the State of New York · 1902