Jacob Bros. v. Kunitzer
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by the Jacob Bros. Company against Robert Kunitzer. From an order denying a motion to compel to make its answer more definite and certain or furnish a bill of particulars, plaintiff appeals.
1Per curiam
Although the learned justice below was evidently mistaken as to the facts, we agree in the result; A remedy, in the alternative, to make a pleading more definite and certain or for a bill of particulars, is never looked upon with favor by the court. It has been held “that this practice should be discouraged, if not condemned.” Kavanaugh v. Commonwealth T. Co., 45 Misc. Rep. 201, 203, 91 N. Y. Supp. 967. Were such not the case, it does not appear that paragraphs 5 and 7 of the defendant’s answer “are so indefinite or uncer*678tain that the precise meaning or application thereof is not apparent.”…
2Cases cited4 opinions
- Kavanaugh v. Commonwealth Trust Co.New York Supreme Court · 1904
- Barone v. O'LearyAppellate Division of the Supreme Court of the State of New York · 1899
- Heilperin v. LevyNew York Supreme Court · 1909
- Swan v. SwanNew York Supreme Court · 1904