American Condiments Co. v. Audit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 12th day of August, 1914, denying the defendant’s motion for a bill of particulars.
1Per curiam
The defendant is entitled to the particulars demanded in the first six paragraphs of the moving affidavits. It is not an answer to *928this demand that defendant ¡should know as much about the matter complained of as does the plaintiff. The defendant is entitled to be informed what specific facts are claimed by the plaintiff to be covered by the general allegations of the complaint to the end that the issues to be tried may be limited and defined. (Havholm v. Whale Creek Iron Works, 159 App. Div. 578.) The order appealed from should be reversed, with ten dollars costs and disbursements, and…
2Cases cited1 opinion
- Havholm v. Whale Creek Iron WorksAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by1 opinion
- Price Fireplace Heater & Tank Corp. v. StateNew York Court of Claims · 1954