Legal Opinion

Wohlrab v. City of Newburgh

Appellate Division of the Supreme Court of the State of New York

Decided November 26, 1984Published

1Opinion of the Court

In an action to recover damages for a violation of section 1983 of title 42 of the United States Code, prima facie tort, intentional infliction of mental distress, civil conspiracy and libel, plaintiff appeals from an order of the Supreme Court, Orange County (Stolarik, J.), dated January 31, 1984, which, except as to “Item #3”, denied plaintiff’s motion to vacate defendant Brady’s demand for a bill of particulars.

Order affirmed, with costs.

Where a complaint charges conspiracy, defendants are entitled to extensive particulars (Dwyer v Byrne, 280 App Div 864). Defendant Brady’s request for the…

2Cases cited3 opinions

  1. Mason v. ClarkAppellate Division of the Supreme Court of the State of New York · 1902
  2. Cromwell v. NortonAppellate Division of the Supreme Court of the State of New York · 1932
  3. Dwyer v. ByrneAppellate Division of the Supreme Court of the State of New York · 1952

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