Legal Opinion
Carter v. Carter
City of New York Municipal Court
Decided October 23, 1946PublishedCited by 3 opinions
1Opinion of the CourtMcCullen, J.
The motion for examination before trial of defendant is granted and the defendant is directed to attend for examination as to the four items set forth in the notice of motion at Special Term, Part II, on November 18, 1946, at 2:00 p.m.
The following disposition is made of the branch of the motion directed to -plaintiff’s demand for a bill of particulars. While ordinarily a bill of particulars is not granted as to the defense of payment, there may be special Circumstances that will make it proper to give a bill of particulars of this defense. Belief may follow from the manner of pleading and,…
2Cases cited4 opinions
- Dunn v. Hudson River Electric Co.New York Court of Appeals · 1912
- Tenney v. . BergerNew York Court of Appeals · 1883
- Eisenberg v. BrandNew York Supreme Court · 1932
- Stuart v. TrihasAppellate Terms of the Supreme Court of New York · 1946
3Cited by3 opinions
- Kriegsman v. KriegsmanNew Jersey Superior Court Appellate Division · 1977
- Mambrino v. StateNew York Court of Claims · 1961
- People v. Wallace, New York County Courts1975