McKeown v. Foster
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. . Action by Hugh McKeown, an infant, by Edward J. McKeown, his guardian ad litem, against Roger Foster. From an order granting defendant’s motion to preclude plaintiff from offering evidence in reference to an allegation of the complaint, plaintiff appeals.
1Opinion of the CourtBijur, J.
[1] During the past year, defendant has procured three separate bills of particulars, each one containing different information. The merit of the defendant’s position would be much stronger if he had made one demand for all this information, instead of harassing the plaintiff with this series of demands. While perhaps plaintiff’s last bill of particulars does not literally comply with the order requiring it, an order of preclusion cannot be made until defendant has demanded a further bill of particulars as to the items alleged to have been omitted, and they have not been furnished. Reader v.…
2Cases cited1 opinion
- Reader v. HagginAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by1 opinion
- McHale v. FosterAppellate Terms of the Supreme Court of New York · 1915