Raff v. Koster, Bial & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Koster, Bial & Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the •office of the clerk of the county of Hew York on the 2d day of December, 1-898, upon an order striking out the defendant’s amended' •answer, with notice of an intention to bring up for reviéw upon such •¿appeal an order made at the Hew York Special Term and entered in said clerk’s office on the 27th day of July, 1898, requiring the defendant to…
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Appeal by the defendant, Koster, Bial & Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the •office of the clerk of the county of Hew York on the 2d day of December, 1-898, upon an order striking out the defendant’s amended' •answer, with notice of an intention to bring up for reviéw upon such •¿appeal an order made at the Hew York Special Term and entered in said clerk’s office on the 27th day of July, 1898, requiring the defendant to serve a further hill of particulars of its counterclaim, and also an order made at the New York Special Term and entered…
1Opinion of the Court
Ingraham, J. :
On July 27, 1898, an order was made requiring the defendant to serve a further bill of particulars of the defendant’s defenses and counterclaims in the. amended answer. In compliance with this order it seems that the defendant served a bill of particulars which the plaintiffs claimed was not a compliance with the order, and subsequently the plaintiffs moved upon affidavit for an order striking out the amended answer of the defendant for non-compliance with said order requiring a further bill of particulars. That motion was granted and it was ordered that the defendant’s amended…
2Cited by12 opinions
- Marchant v. Mead-Morrison Manufacturing Co.New York Court of Appeals · 1929
- Becker v. Colonial Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1912
- Herb v. Metropolitan Hospital & DispensaryAppellate Division of the Supreme Court of the State of New York · 1903
- Peters v. BerkeleyAppellate Division of the Supreme Court of the State of New York · 1927
- Collins v. McWilliamsAppellate Division of the Supreme Court of the State of New York · 1919
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