Lynch v. Dorsey
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Stephen W. Dorsey, 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 6th day of October, 1902, requiring the defendant to serve a bill of particulars.
1Opinion of the Court
Pattersox, J.:
The plaintiff, as executrix of the will of Thomas Lynch, deceased, sues upon a judgment recovered in the City Court in 1889. The substantial defense is payment. The plaintiff moved for a bill of particulars, stating in her affidavit that she has no knowledge of the judgment or any part thereof having been paid, and that it is necessary in order to prepare for trial that she should be informed of the time and place of the alleged payment and the name of the person to whom such payment was made. In answer to the application there was presented an affidavit of the attorney for the…
2Cited by3 opinions
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