Samuel Mundheim Co. v. Scharlach
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff from an order of the Supreme Court, made at Special Term and entered in the office of the clerk of the county of Kings on the 2d day of August, 1915, denying a motion to preclude defendant from giving evidence as to certain special damage pleaded in his counterclaim. .
1Per curiam
The allegations in the counterclaim, being of special damage, were properly the subjects of a bill of particulars, which the court ordered last February. Defendant has had repeated extensions of time to comply with the order. That nevertheless in July defendant urged that he could not particularize the commissions and the names of his customers so lost, argues that such items are not provable. Such prolonged failure to obey the order for a bill of particulars requires, as matter of course, an order to preclude. (McKenna v. Horwitz & Schanback, 163 App. Div. 541.) It follows that the order…
2Cases cited1 opinion
- McKenna v. Horwitz & SchanbackAppellate Division of the Supreme Court of the State of New York · 1914