Stevens v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Benjamin 0. Smith, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of May, 1898, as requires the defendant to serve a bill of particulars.
1Opinion of the Court
Per Curiam :
The plaintiff made a motion to compel the defendant to serve á bill of ¡particulars upon an affidavit of his attorney, which alleges that “ such alleged credits are not within the special knowledge of the plaintiff.” Just how the attorney could, swear to what was within .the knowledge 'of the plaintiff is not apparent. We have held many times that an affidavit for a bill of particulars, made by the attorn ney, is not sufficient. ■ The last case was that of Mayer v. Mayer (29 App. Div. 393). For this reason the order appealed from must ■ be reversed, with ten dollars costs and…
2Cases cited1 opinion
- Mayer v. MayerAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Toomey v. WhitneyAppellate Division of the Supreme Court of the State of New York · 1903