Hoareau v. Schwartzkopf
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Morris Schwartzkopf and anotler, from an order of the Supreme Court, made at the Kings Czunty Special Term and entered in the office of the clerk of the county of Queens on the 17tli day of October, 1910, denying the defendants’ motion for a bill of particulars.
1Opinion of the Court
Rich, J.:
The action is to recover damages for the death of plaintiff’s intestate alleged to have been caused through defendants’ negligence. The complaint alleges a failure to provide the decedent with safe and proper tools, appliances and machinery; that they failed and omitted to see that the tools, appliances and machinery furnished were reasonably suitable and safe for the purposes for which they were to be used. These allegations are conclusions of fact and there is no averment of the facts upon which- they rest. It is not alleged what tools or machinery the deceased was using at the…
2Cases cited2 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Niemoller v. DuncombeAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Jackson v. Redfern Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Rubinfeld v. StoltsNew York Supreme Court · 1916