Wood v. Miller
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Oity Court of the city of New York, dismissing the complaint upon motion made at the commencement of the trial upon the pleadings and the hill of particulars.
1Opinion of the CourtPage, J.
The first question raised is the propriety of considering the bill of particulars in connection with the motion for judgment. This court has held that, on a motion for judgment upon the pleadings under section 547 of the Code of Civil Procedure, a bill of particulars cannot be considered. Hoey v. Kilduff, 65 Misc. Rep. 554. The Appellate Division of the second department has recently decided that the bill of particulars could not be considered on a motion made for judgment upon the pleadings at the opening of the trial, citing Hoey v. Kilduff, supra; Kaufman v. Hopper, 151 App. Div. 28. The…
2Cases cited10 opinions
- Martin v. New York Life InsuranceNew York Court of Appeals · 1895
- Adams v. . FitzpatrickNew York Court of Appeals · 1891
- Dineen v. MayAppellate Division of the Supreme Court of the State of New York · 1912
- Kaufman v. HopperAppellate Division of the Supreme Court of the State of New York · 1912
- Schott v. La Compagnie Generale Trans-AtlantiqueNew York Supreme Court · 1906
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3Cited by4 opinions
- Wilson & Co. v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1920
- Porter v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1920
- Rosenblum v. WestinAppellate Terms of the Supreme Court of New York · 1916
- Wood v. MillerAppellate Division of the Supreme Court of the State of New York · 1913