Legal Opinion
Kaplan v. Wallis
Appellate Terms of the Supreme Court of New York
Decided May 27, 1909Published
Appeal from City Court of New York, Special Term. Action by Moses Kaplan against Frederick A. Wallis. From an order directing him to serve a bill of particulars of his counterclaim, defendant appeals.
1Opinion of the CourtLehman, J.
The affidavit for the bill of particulars is so defective that it is insufficient to “set the court in motion.” Wales Mfg. Co. v. Lazzaro, 19 Misc. Rep. 477, 43 N. Y. Supp. 1110. The order appealed from should be reversed, with $10 costs and disbursements. All concur.
2Cases cited1 opinion
- Wales Manufacturing Co. v. LazzaroAppellate Terms of the Supreme Court of New York · 1897