Smith v. Bradstreet Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Christopher C. Smith, from an order of the Supreme Court, made at the- Kings County Special Term and entered in the office of the cleric of the county of Kings on the 3d day of ¡¡May, 1909, granting the defendants’ motion for a bill of particulars as to the details of the alleged special damages in an action for malicious prosecution.
1Per curiam
We do not think the order is open to the objections urged by the appellant, and under the rule recognized and approved in Dietz v. Leber (33 App. Div. 563) the matters directed to be disclosed by *568the order are well within the discretionary powers of the court at Special Term. If the plaintiff has suffered special damages they must be such damages as are known to him, and the defendants ought not to be called upon to prepare to meet every possible damage which the plaintiff might attempt to prove; it is the object of all pleading, and a bill of particulars is but a supplemental part of the…
2Cases cited5 opinions
- Gebhard v. . ParkerNew York Court of Appeals · 1890
- Reader v. HagginAppellate Division of the Supreme Court of the State of New York · 1906
- Faller v. RangerAppellate Division of the Supreme Court of the State of New York · 1904
- Dietz v. LeberAppellate Division of the Supreme Court of the State of New York · 1898
- Bartow v. SidwayNew York Supreme Court · 1893
3Cited by6 opinions
- Brewery v. SiekeAppellate Division of the Supreme Court of the State of New York · 1911
- Thoma v. KoeppenCity of New York Municipal Court · 1930
- McKenna v. Horwitz & SchanbackAppellate Division of the Supreme Court of the State of New York · 1914
- Posner v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1912
- Cossman v. BallinAppellate Division of the Supreme Court of the State of New York · 1910
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