Tanenbaum v. Lindheim
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Robert Lindheim, from an order of the Supreme Court, made at the New York Special Term and. entered in the. office of the clerk of the county of New York on the 8th day of June, 1900, denying said defendant’s application to-vacate an ex pa/rte order for his examination before trial.
1Opinion of the Court
Rumsey, J.:
The order for an examination was asked for that the plaintiff might obtain facts necessary to enable him to serve a bill of particulars, and also that he might obtain evidence to use upon the trial. For the first purpose the order was clearly unnecessary. The facts stated in the affidavit are sufficiently explicit, só far as they go, to enable the plaintiff to frame his bill of particulars, and the other facts necessary for that purpose are within his own knowledge, and could not by any possibility be within the knowledge of the defendant. These allegations of the plaintiff’s…
2Cases cited3 opinions
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1879
- Jiminez v. WardAppellate Division of the Supreme Court of the State of New York · 1897
- Tanenbaum v. HilbornAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by3 opinions
- Propp v. RothenbergNew York Supreme Court · 1958
- Tanenbaum v. LindheimAppellate Division of the Supreme Court of the State of New York · 1900
- Tanenbaum v. LippmannAppellate Division of the Supreme Court of the State of New York · 1903