Wolff v. Kaufman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William Almon Wolff, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 23d day of July, 1901, granting the defendant’s motion for a bill of particulars of the plaintiff’s claim.
1Opinion of the Court
Per Curiam :
Two conclusive reasons appear why this order should be reversed : (1) The affidavit, which is made by the attorney for the defendant, states in terms that the defendant has fully and fairly stated his case and that he has advised him that he has a good and substantial defense upon the merits. This application is for a bill of particulars to enable the defendant to plead, but if his attorney has become possessed, as he swears he is, of sufficient facts showing a good defense to plaintiff’s cause of action, then he does not need a bill of particulars to enable him to plead ; (2) the…
2Cited by9 opinions
- In re the Estate of BakerNew York Surrogate's Court · 1936
- Singer v. New York Times Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Orne v. GreeneAppellate Division of the Supreme Court of the State of New York · 1902
- St. Regis Paper Co. v. Santa Clara Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Fidelity Glass Co. v. Thatcher Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1903
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