Driscoll v. Parker Pen Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Thomas F. Driscoll against the Parker Pen Company. From an order granting leave to serve an amended complaint, and an order denying a motion to "resettle the first order, defendant appeals. First order reversed. Appeal from the second order dismissed.
1Opinion of the CourtPage, J.
An order had been entered requiring plaintiff to serve a verified bill of particulars.. Upon plaintiff’s failure to comply a motion was made to preclude the plaintiff from giving evidence. On July 31, 1911, an order was entered denying this motion, upon condition that the plaintiff furnish the bill of particulars within two days and pay $10 costs. The plaintiff failed to comply with the latter order, and on Au*252gust 31, 1911, an order was entered precluding the plaintiff from giving testimony, with $10 costs. The costs have not been paid. Plaintiff on March 7, 1912, moved to be allowed to serve…
Also in this document: Concurrence.
2Cases cited3 opinions
- Rhodes v. LewinAppellate Division of the Supreme Court of the State of New York · 1898
- Mutual Loan Ass'n v. LesserAppellate Division of the Supreme Court of the State of New York · 1903
- Ryan v. DuffyAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Vaden v. John Schleicher Co.Appellate Division of the Supreme Court of the State of New York · 1915