Legal Opinion
Boin v. Equitable Life Assurance Society of United States
New York District Court
Decided December 2, 1960PublishedCited by 1 opinion
1Opinion of the CourtBernard Tomson, J.
The defendant moves for an order of preclusion on the ground that the bill of particulars furnished is not responsive to the demand.
The demand is unique in that it seeks particulars only as to “ the date, hour and minute the said William R. Boin died The bill of particulars states: ‘ ‘ The plaintiff is unable to state the exact date, hour and minute the said William R. Boin died. The last time the plaintiff saw the said William R. Boin alive was on April 21, 1959, at the South Nassau Communities Hospital, Oceanside, Nassau County, New York.”
The significance of the particulars sought and the…
2Cases cited20 opinions
- Bergholm v. Peoria Life Ins. Co.Supreme Court of the United States · 1932
- Williams v. Union Central Life InsuranceSupreme Court of the United States · 1934
- Whitlatch v. . Fidelity and Casualty Co.New York Court of Appeals · 1896
- Lavine v. Indemnity Insurance Co. of North AmericaNew York Court of Appeals · 1933
- Johnson v. Travelers Insurance Co.New York Court of Appeals · 1936
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3Cited by1 opinion
- Pringleton v. Bronx HospitalAppellate Division of the Supreme Court of the State of New York · 1963