Legal Opinion
McGann v. Adler
New York Supreme Court
Decided December 13, 1933PublishedCited by 5 opinions
1Opinion of the CourtCollins, J.
This motion presents the interesting question whether a defendant in a death action who has pleaded as a defense the contributory negligence of the decedent (Civ. Prac. Act, § 265) may be required to furnish the plaintiff with a particularization of the alleged contributory negligence.
Section 247 of the Civil Practice Act does not restrict the character of claims concerning which particulars may be directed. But the courts have deemed it advisable, as a matter of public policy, to withhold the exercise of the power in certain instances. In Griffin v. Cunard S. S. Co. (159 App. Div. 453) the…
2Cases cited4 opinions
- Sackheim v. . PigueronNew York Court of Appeals · 1915
- Griffin v. Cunard Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Egan v. Tishman & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1927
- A. Rosen & Sons, Inc. v. SilvermanAppellate Division of the Supreme Court of the State of New York · 1932
3Cited by5 opinions
- McGann v. AdlerAppellate Division of the Supreme Court of the State of New York · 1934
- Quashnofsky v. Davies Building, Inc.New York Supreme Court · 1956
- Rochford v. Delaware, Lackawanna & Western RailroadNew York Supreme Court · 1942
- Fox v. GreenbergNew York Supreme Court · 1958
- Murrain v. Wilson Line, Inc.Appellate Division of the Supreme Court of the State of New York · 1943