Legal Opinion

Strauss v. Hanover Realty & Construction Co.

New York Supreme Court

Decided May 15, 1910Published

Motion for bill of particulars.

1Opinion of the CourtWhitney, J.

In a suit for the forec' lOÍ a mechanic’s permitted by section 521 of the Code of Civil Procedure. The latter then served upon the former an answer to the answer, and is in turn served with a notice of motion for a bill of particulars. By section 522 of the Code each allegation of the answer first served was deemed controverted by traverse or avoidance, as the case ¡might he. In these respects our procedure differs from that in those Code States which provide for a cross-complaint by one defendant against the other. Hence, the answer to the answer was a document unknown to the law (see Havana…

2Cases cited1 opinion

  1. Havana City Railway Co. v. CeballosAppellate Division of the Supreme Court of the State of New York · 1900

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