Yangtsze Insurance v. Stark & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Stark & Company, Inc., from 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 20th day of September, 1920, granting the plaintiff’s motion for a bill of particulars of the defense of payment.
1Opinion of the Court
Page, J.:
This order is erroneous and should be' reversed. It is contrary to our practice to grant bills of particulars of defense of payment, unless very special reasons appear why such order should be granted. (Ebin v. Equitable Life Assurance Soc., 177 App. Div. 458, 459.) In Sittig v. Cohen (130 App. Div. 689) the action was brought by the assignee of an Alabama bank to recover on a judgment recovered in that State nine years before the assignment. The answer alleged upon information and belief that before the commencement -of the action, the defendant satisfied and discharged the…
2Cases cited3 opinions
- Sittig v. CohenAppellate Division of the Supreme Court of the State of New York · 1909
- Ebin v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1917
- Lynch v. DorseyAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by2 opinions
- Rosenzweig v. LarkinCity of New York Municipal Court · 1934
- Ferrarese v. Washington Restaurant of Rochester, Inc., New York County Courts1958