Burke v. Frenkel
Appellate Division of the Supreme Court of the State of New York
Appeal by the. defendant) Louis Frenkel, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 12th day of March, 1904, denying the said defendant’s motion for a bill of particulars, except so much thereof as refuses to grant his motion for said bill of particulars as td “ what servant or servants of defendant knew or had reason to know of the alleged defects and worn and rotten…
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Appeal by the. defendant) Louis Frenkel, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 12th day of March, 1904, denying the said defendant’s motion for a bill of particulars, except so much thereof as refuses to grant his motion for said bill of particulars as td “ what servant or servants of defendant knew or had reason to know of the alleged defects and worn and rotten condition ” of a certain window mentioned in the complaint.
1Opinion of the Court
Jenks, J.:
This is a motion for a bill'^of particulars in an action by guest against innkeeper for personal injuries alleged to have been sustained by the fall of a window while the plaintiff was in the act of ' lowering the upper part of it. The plaintiff complains that the inn “ was negligently and carelessly maintained,” inasmuch as the defendants “ negligently and carelessly permitted the window and its appliances in said room No. 107 in said hotel, to become defective, worn and rotten, and otherwise out of repair,” and that ‘‘ by reason . of the defective, worn and rotten condition of the…
2Cases cited2 opinions
- O'Hara v. EhrichThe Superior Court of the City of New York and Buffalo · 1890
- Robinson v. StewartAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Heslin v. Lake Champlain & Moriah RailroadAppellate Division of the Supreme Court of the State of New York · 1905