Shanik v. Shanik

Motion by defendant for a bill of particulars. Plaintiff argues that a bill is not required in a matrimonial action where the complaint alleges a general course of conduct, citing Earle v. Earle (79 App. Div. 631, opinion in 79 N. Y. S. 613, 614) and Loeb v. Loeb (240 App. Div. 912). In the Earle case, the pleading set forth ‘1 many particulars of the cruel and inhuman treatment upon which the wife relies to establish her cause of action, and, we think, sufficiently complies with the requirements of section 1764. of the Code of Civil Procedure, which prescribes that the complaint in an action…