Silverstein v. B. F. Keith Corp.

Order unanimously reversed, upon the law, without costs, and motion remitted to the court below for the exercise of its discretion. The provisions of subdivision 7 of section 78 of the New York City Municipal Court Code provide a method for obtaining a bill of particulars which is not contained in the Civil Practice Act covering Supreme Court actions. By the provisions of the New York City Municipal Court Code a demand for a bill of particulars in a proper case may be filed, and within three days thereafter a bill of particulars must be filed. The Municipal Court is granted power to preclude…