McCallum v. Beau-Site Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Elise Cutrer McCallum, as executrix, 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 7th day of December, 1917, vacating and setting aside a prior order precluding defendant from offering evidence and opening its default in serving a bill of particulars.
1Opinion of the Court
Sheakn, J.:
This is an appeal from an order relieving the defendant from its default in failing to serve a further bill of particulars and extending the time within which to serve such further bill until the return of a commission.
The deceased was killed while in an elevator operated by an employee of the defendant in the Biltmore Hotel. At the time of the accident there was no one in the elevator except the deceased and the employee, and the latter is available to give the defendant complete information as to how the accident happened and how the deceased conducted himself in the elevator at…
2Cases cited1 opinion
- McCallum v. Beau-Site Co.Appellate Division of the Supreme Court of the State of New York · 1917