Gallerstein v. Manhattan Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal from an order of the General Term of the City Court, affirming an order requiring plaintiff to serve a verified bill of particulars.
1Opinion of the CourtFreedman, P. J.
The motion -resulting in the order -appealed, from was based upon an affidavit of an attorney employed in the. office of the- attorney for the defendant, and upon the pleadings.. The only proof as to the alleged necessity of the order consisted in the affidavit referred to. That such an affidavit, even if made *507by the attorney of record, is wholly insufficient has been expressly determined in Dueber Watch Case Manf’g Co. v. Keystone Watch Case Co., 21 N. Y. Supp. 342. To the same effect are Mayer v. Mayer, 51 N. Y. Supp. 1079; Van Olinda v. Hall, 82 Hun, 357; Gridley v. Gridley, 7 Civ. Pro.…
2Cases cited3 opinions
- Van Olinda v. HallNew York Supreme Court · 1894
- Dueber Watch-Case Manufacturing Co. v. Keystone Watch-Case Co.New York Supreme Court · 1892
- Mayer v. MayerAppellate Division of the Supreme Court of the State of New York · 1898