Legal Opinion

In re the Estate of Ross

New York Surrogate's Court

Decided August 7, 1962Published

1Opinion of the Court

John D. Bennett, S.

This is a motion for a further verified bill of particulars.

The objection to the form of verification made by the attorney for the objectant is well taken. With respect to the manner of verification of a bill of particulars, rule 117 of the Rules of Civil Practice makes applicable the provisions of rules 99 and 100 of the Rules of Civil Practice which allow verification by an attorney where the party is not within the county of the attorney’s office. The provisions of these rules have been interpreted to require a statement within the verification that the party is actually…

2Cases cited2 opinions

  1. Boyce v. DumarsAppellate Division of the Supreme Court of the State of New York · 1906
  2. Geo. H. Storm & Co. v. G. Migliore & Sons, Inc.City of New York Municipal Court · 1927

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