Legal Opinion

Propp v. Rothenberg

New York Supreme Court

Decided March 31, 1958Published

1Opinion of the CourtBenjamin Brenner, J.

The principal question presented here is whether plaintiffs’ bill of particulars is to be served before. or after defendants are examined before trial. The action is one to recover for fraud due essentially to defendants’ lack of religious orthodoxy, it being the main claim that the defendants, the husband and his mother, misrepresented to plaintiffs, the wife and her mother, their religious intentions, beliefs and practices for the purpose of inducing consent to the marriage. Such allegations of fraud are thus largely directed to the nature and degree of personal convictions which only…

2Cases cited3 opinions

  1. Lustig v. Longchamps, Inc.Appellate Division of the Supreme Court of the State of New York · 1952
  2. Parker-Lauer Realty Co. v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1942
  3. Tanenbaum v. LindheimAppellate Division of the Supreme Court of the State of New York · 1900

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