Legal Opinion
Mayer v. Mayer
Appellate Division of the Supreme Court of the State of New York
Decided May 20, 1898PublishedCited by 2 opinions
Appeal from special term. Action by Katherine Mayer against Charles F. Mayer. From an order directing service of bill of particulars, defendant appeals.
1Per curiam
The affidavit upon which the motion for a bill of particulars is based was made by the attorney only. No reason is given why it was not made by the plaintiff. It has often been held that such an affidavit is entirely insufficient to warrant the granting of a bill of particulars. Van Olinda v. Hall, 82 Hun, 357, 31 N. Y. Supp. 495; Gridley v. Gridley, 7 Civ. Proc. R. 215.
For that reason, the order should be reversed, with $10 costs and disbursements, and the motion denied, with $10 costs.
2Cases cited1 opinion
- Van Olinda v. HallNew York Supreme Court · 1894
3Cited by2 opinions
- Gallerstein v. Manhattan Railway Co.Appellate Terms of the Supreme Court of New York · 1899
- Wendt v. MegowanAppellate Division of the Supreme Court of the State of New York · 1898