Legal Opinion
Buckley v. Franklin Savings Bank
Appellate Division of the Supreme Court of the State of New York
Decided November 17, 1939Published
1Opinion of the CourtCohn, J.
The main question involved is whether plaintiffs are required to serve a verified bill of particulars though the complaint be unverified, when a verified answer is interposed by defendant.
The action is one for personal injuries. The complaint served was unverified. After issue was joined by the service of its verified answer, defendant made a demand upon plaintiffs for a verified bill of particulars. The latter did not move to vacate or modify the demand but served a bill which was unverified and which defendant contends otherwise failed to comply with the demand for a statement of the…
2Cases cited6 opinions
- Harmon v. Alfred Peats Co.New York Court of Appeals · 1926
- Bowman v. EarleThe Superior Court of New York City · 1854
- In re the Judicial Settlement of the Account of SchultsAppellate Division of the Supreme Court of the State of New York · 1933
- Brauer v. Oceanic Steam Navigation Co.Appellate Division of the Supreme Court of the State of New York · 1898
- McCarron v. SireCity of New York Municipal Court · 1888
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