Kuster v. New York Times Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Westchester county. Action by Louis E. Kuster against the New York Times Company. From an order denying defendant’s motion for a bill of particulars before answer, it appeals. Affirmed.
1Opinion of the CourtWoodward, J.
The defendant appeals from an order denying its motion that plaintiff be directed to serve a bill of particulars “specifying in detail what portion or portions of the article mentioned in the complaint herein are alleged to be libels on the plaintiff, and in what respect such portion or portions of said article are alleged to be false, and what portion or portions of said publication are admitted to be true.” The theory of the defendant is, not that this bill of particulars is necessary to enable it to answer, but that no defendant in an action for libel ought to be called upon to justify,…
2Cases cited3 opinions
- Singer v. New York Times Co.Appellate Division of the Supreme Court of the State of New York · 1902
- McClellan v. DuncombeAppellate Division of the Supreme Court of the State of New York · 1898
- McClellan v. DuncombeAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- International Import & Export Co. v. Di MondaCity of New York Municipal Court · 1909