Legal Opinion

Schwarzschild & Sulzberger Co. v. Empire State Surety Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 20, 1908PublishedCited by 1 opinion

Appeal by the defendant, The Empire State Surety Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of May, 1908, denying the defendant’s motion for a bill of particulars.

1Opinion of the Court

Per Curiam :

The plaintiff sues to recover upon a bond given by defendant to secure the performance of a building-contract. The complaint alleges the making of the contract; the failure of the contractor to carry it out, and perform the terms and" conditions thereof, and that plaintiff lias thereby sustained damage. The defendant asks to be informed, by a bill of particulars, in what respects the contractor failed to- carry out its contract, and what items go to make up the plaintiff’s damage. We think that the motion should have been granted. (Hopper v. Weber, 84 App. Div. 266; Kelly v. St, *645Mi…

2Cases cited1 opinion

  1. Hopper v. WeberAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by1 opinion

  1. Schwartzschild & Sulzberger v. Empire State Surety Co.Appellate Division of the Supreme Court of the State of New York · 1909

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